ACTS 


THE  GENERAL  ASSEMBLY 


OF    TH1 


STATE  OF  SO.UTH  CAROLINA, 


PASSED   IN 


DEOEMBEE,    1862, 


AND 


FEBRUARY  AJSTD  APRIL,  1863 


PRINTED  BY  ORDER  OP  THE   LEGISLATURE,  IN  CONFORMITY  WITH  THE  STATUTES 

AT  LARGE,  AND   DESIGNED  TO  FORM   A  PART  OF  THE  THIRTEENTH 

VOLUME,   COMMENCING   WITH    THE    ACTB   OF    1861. 


COLUMBIA,    S.   0.: 
CHARLES  P.  PELHAM  STATE,  PRINTER. 

1863. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


A  C  T  S 


THE  GENERAL  ASSEMBLY 


STATE  OF  SOUTH  CAROLINA, 


PASSED    [K 


DECEJVI  BEE,    1862: 


FEBRUARY  AND  APRIL,  1863 


,(TKD  BY  ORDER  OF  THE    LEGISLATURE,   IN    CONFORMITY  "WITH    THE    .STATUTE? 
AT   LAKGE,  AND    DESIGNED    TO   FORMA    TART   OF   THE   THIRTEENTH 
VOLUME,    COMMENCING    "WITH    THE    ACTS    OF    1861. 


VOLUMK 

_ 


COLUMBIA,    S.    C: 
CHARLES  I\  PHLHAM,  STATE  FBINTSS 

1863. 


LIST  OF  ACTS 

PASSED  AT  THE  SESSIONS  OF  1862-63. 


Page 

An  Act  to  raise  Supplies  for  the  year  commencing  in   October,  one 

thousand  eight  hundred  and  sixty-two 89 

An  Act  to  make  Appropriations  for  the  year  commencing  in  October, 

one  thousand  eight  hundred  and  sixty-two 92 

An  Act  for  the  better  organization  of  the  Militia,  and  for  other  pur- 
poses    100 

An  Act  to  organize  and  supply  Negro  Labor  for  Coast  Defence,  in 
compliance  with  requisitions  of  the  Government  of  the  Confed- 
erate States 1  ©f> 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  organize  and  supply 
Negro  Labor  for  Coast  Defence,  in  compliance  with  requisitions 
of  the  Government  of  the  Confederate  States,"  and  to  authorize 
and  direct  the  Governor  to  proceed  to  furnish  Negro  Labor  under 
said  Act 109 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  amend  an  Act  entitled 
'  An  Act  to  organize  and  supply  Negro  Labor  for  Coast  Defence, 
in  compliance  with  requisitions  of  the  Government  of  the  Con- 
federate States,'"  and  for  other  purposes 110 

An  Act  to  Suppress  the  undue  Distillation  of  Spirituous  Liquors  from 

the  Cereal  Grains  of  this  State Ill 

An  Act  to  Suppress  the  Distillation  of  Spirituous  Liquors  in  this  State  113 

An  Act  to  Prevent  and  Punish  the  Planting  and  Cultivating,  in  this 

State,  over  a  certain  quantity  of  Cotton  during  the  present  year..  114 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  Prevent  and  Punish  the 
Planting  and  Cultivating,  in  this  State,  over  a  certain  quantity  of 
Cotton  during  the  present  year 115 

An  Act  to  provide  against  Dearths  of  Salt 117 

An  Act  to  incorporate  certain   Religious  and  Charitable  Societies,  ami 

to  renew  and  amend  the  Charters  of  others,  heretofore  granted...    1 L9 


iv  LIST  OF  ACTS. 

Paox 

An  Act  to  provide  for  the  payment  by  the  State  of  such  War  Tax  as 
may  be  imposed  by  the  Congress  of  the  Confederate  States  during 
the  year  one  thousand  eight  hundred  and  sixty-three,  and  for  the 
collection  of  the  same  from  the  Tax-Payers  in  this  State 122 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  provide  for  the  payment 
by  the  State  of  the  War  Tax  of  the  Confederate  States,  and  for 
the  collection  of  the  same  from  the  Tax-Payers  in  this  State."....  126 

An  Act  to  repeal  an  Act  entitled  u  An  Act  to  Provide  for  the  payment 
by  the  State  of  such  War  Tax  as  may  be  imposed  by  the  Con- 
gress of  the  Confederate  States  during  the  year  one  thousand 
eight  hundred  and  sixth-three,  and  for  the  collection  of  the  same 
from  the  Tax-Payers  in  this  State." 127 

An  Act  to  authorize  and  empower  certain  Regiments  to  Elect  their 

Field  Officers 128 

An  Act  to  enable  Citizens  of  the  State  who  are  engaged  in  Military 

Service  to  exercise  the  Rights  of  Suffrage 129 

An  Act  to  establish  and  recharter  certain  Roads,  Bridges  and  Ferries, 

and  for  other  purposes 131 

An  Act  to  incorporate  the  Edisto  and  Ashley  Canal  Company 133 

An  Act  to  make  appropriation  in  Aid  of  the  Families  of  Soldiers,  and 
to  repeal  an  Act  entitled  "  An  Act  to  afford  Aid  to  the  Families 
of  Soldiers,"  ratified  on  the  twenty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-one 137 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  make  Appropriation  in 
Aid  of  the  Families  of  Soldiers,  and  to  repeal  an  Act  entitled  an 
Act  to  afford  Aid  to  the  Families  of  Soldiers,"  ratified  on  the 
twenty-first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty-one 139 

An  Act  to  refund  to  the  Soldiers'  Board  of  Relief  for  Barnwell  and 
Laurens  Districts,  and  for  Saint  Matthew's  and  Christ  Church 
Parishes,  moneys  advanced  and  expended  by  them,  as  Boards  of 
Relief,  out  of  their  private  funds 140 

An  Act  to  provide  for  a  guaranty  by  the  State  of  the  Bonds  of  the 

Confederate  States 141 

An  Act  to  provide  for  a  guaranty  by  the  State  of  the  Bonds  of  the 

Confederate  States . . 142 

An  Act  to  prohibit  Extortion  and  Punish  Extortioners 143 

An  Act  to  enforce  any  Proclamation  of  the  Governor  prohibiting  the 

Exportation  of  Provisions 144 

An  Act  to  punish  Purchasing  under  Assumed  Authority 14(i 


LIST  Of  ACTS  v 

Pioi 

An  Act  to  abolish  the  Executive  Council  established  by  the  Ordinance 

of  the  Convention  entitled  "  An  Ordinance  for  Strengthening  the 
Executive  Department  during  the  exigencies  of  the  present 
War." » 147 

An  Act  to  declare  the  Law  in  relation  to  the  proceedings  of  the.  Exec- 
utive Council 147 

An  Act  for  the  appointment  of  Commissioners  of  the  Poor  for  Lan- 
caster District 14* 

An  Act  to  continue  in  force  an  Act  entitled  "  An  Act  to  extend  Relief 
to  Debtors,  and  to  prevent  the  sacrifice  of  Property  at  public 
sales." 14* 

An  Act  to  provide  for  the  appointment  of  Commissioners  of  the  Poor 

for  Darlington  District  and  for  Chesterfield  District 144) 

An  Act  to  authorize  the  Dank  of  the   State  to   iuerease  its  issue  of 

Small  Bills 160 

An  Act  to  incorporate,  with  uniform  rights,   powers,  and  privileges, 

Protestant  Episcopal  Congregations  in  South  Carolina 160 

An  Act  to  renew  and  amend  the  Charter  of  the  Swedish  Iron  Manu- 
facturing Company  of  South  Carolina,  and  to  change  the  name 
thereof 161 

An  Act  to  vest  in  the  Confederate  Government  a  part  of  the  Columbia 

Canal  for  the  term  of  twelve  years 152 

An  Act  to  Incorporate  the  Carolina  Cotton  and  Woolen  Factory 153 

An  Act  to  grant  the  Aid  of  the  State  to  the  Cheraw  and  Coal  Fields 

Railroad  Company 156 

An  Act  to  charter  the  Shelby  and  Broad  River  Railroad  Company 167 

An  Act  to  Incorporate  the  Wando,  Wambaw  and  Wiuyah  Canal  Com- 
pany    150 

An  Act  to  charter  the  Palmetto  Exporting  and  Importing  Company...    161 

An  Act  to  Incorporate  the    Importing  aud    Exportiog   Company  of 

South  Carolina Itt2 

An  Act  to  Charter  the  Atlantic  Steam  Packet  Company  of  the  Con- 
federate States 164 

An  Act  to  authorize  the  issue  of  Stock  lor  the  purpose  of  continuing 

the  construction  of  the  New  State  House 165 

An  Act  to  increase  the  fees  of  Sheriffs  for  dieting  persons  confined  in 

jail : 166 

An  Act  to  confer  the  rights  of  Legitimacy  on  Mary  E.  Daniel 166 


OF  SOUTH  CAROLINA.  S9 

an"  act  to  raise  supplies  for  the  year  commencing  in  october,    a.d.u  2'&: 

One  Thousand  Ehuit  Hundred  and  Sixty-two.  "^-"^      ' 

No.  4611. 

Be  if  enacted  by  tlic  Senate  and  House  of  Representatives,  now  met  and 

sitting  in  General  Assembly,  nud  by  tbe  authority  of  the  same,  Tbat  a  ta>: 
for  the  sums  aud  in  the  manner  hereinafter  mentioned,  shall  be  raised  and 
paid  into  the  Treasury  of  this  State,  for  the  use  and  service  thereof;  that  is 
to  say:  one  dollar  and  thirty  cents  ad  valorem  on  every  hundred  dollars  of  Lands, 
the  value  of  all  lauds  granted  in  this  State,  according  to  the  existing  classi- 
fication, as  heretofore  established;  one  dollar  and  twenty-six  cents  per  head  Slaves. 
on  all  slaves :  Provided,  That  all  lauds  or  slaves  in  this  State,  now  iu  posses-  Exemption, 
siou  or  under  the  coutrol  of  the  enemy,  aud  such  other  lands  or  slaves  as 
may  be  taken  by  the  enemy  before  the  return  of  the  said  property  to  the 
Tax  Collector,  and  also  such  other  lands  as  shall  have  been  abandoned  by 
the  owners  in  consequence  of  the  action  of  the  Military  authorities,  shall 
be  exempt  from  taxation  under  this  Act;  three  dollars  on  each  free  negro,  Free  negro 
mulatto  or  mestizo,  between  the  ages  of  fifteen  and  fifty  years,  except  such 
as  shall  clearly  be  proved  to  the  satisfaction  ofMhc  Collector  to  be  incapable, 
from  wounds  or  otherwise,  of  procuring  a  livelihood,  and  except  those  who 
now  are,  or  have  at  any  time  been,  in  the  service  oF  the  army  of  this  State 
or  of  the  Confederate    States,  in   the   existing  war;  twenty-two  cents,  ad  Real  estate. 
valorem,  on  every  hundred  dollars  of  the  value  of  all  lots,  lands  and  build- 
ings within  any  city,  town,  village  or  borough  in  this  State:  Provided,  That  Exception  in 
*  .  _   -_,     • ,  .  Charleston. 

the  tax  on  lands  and  buildings  in  the  city  of  Charleston  be  assessed  on  the 
value  of  the  lauds  only,  where  the  buildings  and  improvements  on  the  land 
have  been  destroyed  by  the  late  coufiagratiou.     And  provided,  further,  That  Exemption, 
no  tax  shall  be  levied  on  lots,  lands,  and  buildings  within  any  city,  town, 
village  or  borough   in  this  State  which  have  passed  into  the  possession  or 
under  the  control  of  the  enemy,  or  which  may  pass  into  the  possession  or 
under  the  control   of  the  enemy  before  returns  arc  made  to  the  Tax  Col- 
lectors; one  hundred  cents  per  hundred  dollars  on  factorage,  employments,  Factors 
faculties  and  professions,  including  the  profession   of  dentistry,  and  inclu-  ,v}m 
ding  herein   Clerks  of  Courts  of   Common   Pleas  and   General  Sessions, 
Sheriffs,  Masters  and  Commissioners  iu  Equity,  Registers  in  Equity,  Regis- 
ters of  Mesne  Conveyance,  Ordinaries  and  Coroners,  whether  in  the  pro- 
fession  or  employment  of  law  or  equity,  the  profits  to  be  derived  from  the 
costs  of  suit,  fees,  or  other  sources  of  professional  income,  except  clergy- 
men, school-masters,  school-mistresses   and  mechanics;  one  hundred  cents  commissions. 
on  every  hundred  dollars  on  the  amount  of  commissions  received  by.vendue 
masters  and  commission  mcrchauts  ;  forty  cents  per  bundled  dollars  on  the  Bank  stock, 
capital  stock  paid  in  on  the  first  of  October,  one  thousand  eight  hundred 
aud  sixty-two,  of  all  banks  which  for  their   present   charters  have  not  paid 
12 


90 


STATUTES  AT  LARGE 


A.  D.  1862 '3. 


Gas-Light  and 
Insurance  com 
panies. 


Goods,  wares, 
and  merchan- 
dise. 


Transient  mer- 
chandise. 


Exhibitions. 


Moneys  in- 
vested. 


Commercial 

agencies. 

Cards  and 
billiards. 


a  bonus  to  the  State,  which  said  bank  tax  the  stockholder,  when  he  or  she 
resides  witbin  the  State,  sball  have  the  right  to  pay  to  the  Tax  Collector  of 
the  District  or  Parish  where  such  stockholder  resides,  by  paying  the  same 
on  or  before  the  first  day  of  June  next,  and  forwarding  a  duplicate  receipt 
of  such  payment  to  the  President  of  such  bank;  and  in  case  any  stock- 
holder resides  without  the  State,  the  tax  on  the  stock  of  such  stockholder 
shall  be  paid  to  the  Tax  Collector  of  the  District  or  Parish  where  the  bank 
is  located ;  eighty  cents  per  hundred  dollars  on  the  capital  stock  of  any  bank 
of  issue  not  incorporated  by  this  State,  paid  in  on  the  first  day  of  October, 
one  thousand  eight  hundred  and  sixty-two,  doing  business  by  agents  within 
the  limits  of  this  State ;  forty  cents  per  hundred  dollars  on  the  capital  stock 
of  all  incorporated  gas-light  companies;  one  and  a-half  per  centum  on 
all  premiums  taken  in  this  State  by  incorporated  insurance  companies,  and 
by  the  agencies  in  this  State,  acting  in  behalf  of  insurance  companies  and 
underwriters  without  the  limits  of  this  State ;  twenty-two  cents  on  every 
hundred  dollars  of  the  amount  of  sales  of  goods,  wares  and  merchandise, 
embracing  all  articles  of  trade  for  sale,  barter  or  exchange  (the  products  of 
this  State,  and  the  unmanufactured-  products  of  any  of  the  States  of  the 
Confederate  States  excepted),  which  any  person  shall  have  made  from  the 
first  day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-two,  to  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  either  on  his,  her  or  their  capital, 
or  borrowed  capital,  or  on  account  of  any  person  or  persons,  as  agent,  attor- 
ney or  consignee ;  ninety  cents  upon  every  hundred  dollars  of  the  amount 
of  sales  of  goods,  wares  and  merchandise  whatever,  which  any  transient 
person,  not  resident  in  this  State,  shall  make  in  any  house,  stall  or  public 
place,  whether  the  said  sale  be  made  by  sample  or  otherwise  ;  twenty  dollars 
per  day  for  all  circus  exhibitions ;  five  dollars  per  day  for  representing 
publicly,  for  gain  and  reward,  any  play,  comedy,  tragedy,  interlude  or  farce, 
or  other  employment  of  the  stage,  or  any  part  therein,  or  for  exhibiting 
wax  figures  or  other  shows,  of  any  kind  whatever,  to  be  paid  into  the  hands 
of  the  Clerks  of  the  Courts  respectively,  who  shall  be  bound  to  pay  the 
same  into  the  Treasuries  of  the  State  of  South  Carolina,  except  in  cases 
where  the  same  is  now  required  by  law  to  be  paid  to  corporations  or  other- 
wise ;  one-tenth  of  one  per  cent,  on  all  moneys  loaned,  moneys  at  interest, 
all  moneys  invested  in  the  stocks  or  bonds  of  any  individual,  State  or  cor- 
poration, other  than  bonds  or  stocks  of  this  State  or  of  the  Confederate 
States,  and  other  than  the  stocks  of  the  banks  and  railroad  companies  of 
this  State:  one  dollar  and  fifty  cents  for  every  hundred  dollars  of  gross 
receipts  of  all  commercial  agencies  within  the  limits  of  this  State;  thirteen 
cents  on  every  pack  of  playing  cards  sold  in  this  State ;  fifteen  dollars  upon 


OF  SOUTH  CAROLINA.  91 

every  billiard  table  within  this  State,  used  to  and  for  the  purpose  of  raising    A.t>.i862'3. 
a  revenue   therefrom:  one  hundred   cents  on  the  hundred   dollars  of  all     ^""""V""""''^ 
salaries,  including  public  officers,  except  officers  of  the  Army  and  Navy, 
and  on  all  wages,  from  whatever  source  derived,  except  wages  of  five  hun- 
dred dollars  or  less  per  annum. 

II.  All  taxes  levied  on  property,  as  prescribed  in  the  first  section  of  this  Taxes,  to  whom 
Act,  shall  be  paid  to  the  Tax  Collector  for  the  tax  district  in  which  said 

property  is  located  :  Provided,  That  where  negroes  have  been  removed  from 
any  Districts  or  Parishes  by  reason  of  the  dangers  arising  from  the  inva- 
sion or  occupation  thereof  by  the  enemy,  it  shall  be  lawful  to  pay  the  taxes 
Upon  the  same  to  the  Tax  Collectors  of  the  Districts  or  Parishes  from  which 
said  negroes  were  removed.  That  all  taxes  levied  on  property  in  this  State 
during  the  continuance  of  the  war  between  the  Confederate  and  United 
States  of  America,  may  be  paid  in  Confederate  notes  or  other  current  funds. 
The  commissions  to  be  received  by  the  various  Tax  Collectors  of  this  State,  commissions  of 
for  the  year  commencing  on  the  first  day  of  October,  one  thousand  eight 
hundred  and  sixty-two,  shall  be  at  the  rate  of  seventy  per  centum  of  the 
commissions  now  allowed  them  by  law,  except  such  Districts  and  Parishes 
as  pay  an  amount  less  than  eight  hundred  dollars  to  the  Collector. 

III.  The  Tax  Collectors  in  the  several   Districts  and   Parishes  in   this  Polire  taxes, 
State,  in  their  returns  hereafter  to  be  made,  are  hereby  required  and  en- 
joined to  state  the  precise  amounts  of  taxes  collected  by  them  for  support- 
ing the  police  of  the  said  several  Districts  and  Parishes  aforesaid,  stating 

the  rates  per  centum  on  the  amounts  of  the  State  tax  collected  for  said 
District  and  Parish  police  purposes,  and  the  total  amount  of  commissions 
received  by  each  and  every  of  such  Tax  Collectors,  and  the  rate  per  centum 
of  his  oommissions;  and  the  Comptroller  General  shall  return  the  same  in 
his  report. 

IV.  Free  negroes,  muiattoes  and  mestizoes  are  hereby  required  to  make  Returns  of  n-eo 
their  returns  and  pay  their  taxes  during  the  month  of  April;  and  the  Tax     ° 
Collector  of  St.  Philip's  and  St,  Michael's  is  allowed  until  the  month  of 

June  to  receive  the  taxes  of  white  persons. 

V.  The  lots  and  houses  on  Sullivan's  Island  shall  be  freed  from  taxation  Sullivan's 
during  the  existing  war  between  the  Confederate  States  and  the  United  tk>nnon.eiemp~ 
States  of  America,  the  same  being  used  by  the  troops  of  the  Confederate 

States  or  by  the  works  for  defence. 

VI.  That  the  Tax  Collectors  be  authorized  to  extend  the  time  for  the  Time  of  coiioc- 
receipt,  and  also  for  the  payment  of  taxes,  aud  also  for  the  payment  thereof 

into  the  Treasury  of  this  State,  for  a  period  of  thirty  days  beyond  the 
periods  therefor  hitherto  allowed  by  law. 


?3  STATUTES  AT  LARGE 

A.  D.1862'3.         VII.  That  the  sum  of  two  hundred  and  fifty  thousand  dollars,  received 
1 "" "  v  by  Wilmot  Gr-  De''aussure,  as  A«ent  of  the  State,  from  the  Confederate 

Disposition  of        J  ... 

appropriation  Government,  and  by  him  paid  into  the  Treasury  of  this  State,  under  the 
resolution  of  the  Confederate  Congress  relative  to  the  conflagration  in  the 
city  of  Charleston,  on  the  eleventh  day  of  December,  one  thousand  eight 
hundred  and  sixty-one,  and  also  all  such  other  sums  of  money  as  may  be 
received  from  the  Confederate  Government,  during  the  present  year,  and 
placed  in- the  Treasury,  be  subject  to  such  appropriations  as  may  be  made 
by  the  General  Assembly  of  this  State. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  oar  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W-   D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives, 


No.  4612.  AN  ACT  to   make  appropriations  for   the  Year  commencing  i# 
October,  one  thousand  eight  hundred  and  sixty-two. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  following  sums  be,  and  they  are  hereby,  appropriated  for  the  payment 
of  the  various  officers  and  expenses  of  the  State  Government,  that  is  to 
Executive De-   say:  In  the  Executive  Department:  For  the  salary  of  the  Governor,  three 
thousand  five  hundred  dollars ;  for  the  Private  Secretary  of  the  Governor, 
fifteen  hundred  dollars;  for  the  rent  of  the  Governor's  House  in  Columbia, 
in  case   he  should   not  occupy  the  house   offered  him  by  the  Legislature, 
twelve  hundred  dollars;  for  the  Messenger  of  the  Governor,  two  hundred 
and  fifty  dollars;  for  the  contingent  fund  of  the  Executive   Department, 
ten  thousand  dollars,  to  be  subject  to  the  draft  of  the  Governor,  and  to  be 
accounted  for  annually  by  him  to  the  Legislature;  for  the  furnishing  of 
the  Governor's  House  in  Columbia,  one  thousand  five  hundred  dollars. 
Legislative  De--       II-  In  the  Legislative  Department:  For  the  pay  of  the  Members  of  the 
partment.  Legislature,  and  the  Attorney  General,  and  the  Solicitors,  during  the  present 

session,  and  of  the  Committees  appointed  to  inspect  the  Bank  of  the  State 
and  its  branches,  thirty-five  thousand  dollars,  if  so  much  be  necessary;  for 


OF  SOUTH  CAROLINA.  93 

the  salaries  of  the  Clerks  of  the  Senate  and  House  of  Representatives,  a.d.i.?62-3. 
twelve  hundred  dollars  each;  and  to  the  said  Clerks,  for  the  services  of  two  '  y" 
Assistant  Clerks,  two  hundred  and  fifty  dollars  for  the  Clerk  of  the  Senate, 
and  two  hundred  and  fifty  dollars  for  the  Clerk  of  the  House;  for  the 
salaries  of  two  Messengers  and  two  Doorkeepers,  each  two  hundred  and 
fifty  dollftra,  to  be  paid  at  tl«3  adjournment  of  the  Legislature;  for  the  salary 
of  the  Keeper  of  the  State  House  and  Librarian,  seven  hundred  dollars; 
for  the  salaries  of  the  Heading  Clerks  of  the  Senate  and. House  of  Repre- 
sentatives, each  two  hundred  and  fifty  (hilar.-;  :  and  for  their  services  at  the 
session  commencing  on  the  twentieth  day  of  January,  eighteen  hundred  and 
sixty-three,  to  the  Clerks  of  the  Senate  and  House  of  Representatives* 
two-thirds  of  the  usual  amount;  and  for  the  services  of  the  two  Assistant 
Clerks  of  the  Senate  and  House  of  Representatives,  two-thirds  of  the  usual 
amount;  for  the  salaries  of  two  Messengers  and  two  Doorkeepers,  each  two- 
thirds  the  usual  amount;  and  for  the  salaries  of  the  Reading  Clerks  of 
each  House,  two-thirds  the  usual  amount  of  their  salaries  ;  for  extra  services 
of  the  Messenger  of  the  Senate,  and  for  extra  services  of  the  Messenger  of 
the  House  of  Representatives,  each  fifty  dollars,  to  be  paid  at  the  end  of 
the  session ;  for  the  services  of  the  Engrossing  Clerks,  to  be  paid  under  the 
direction  of  the  President  of  the  Senate  and  of  the  Speaker  of  the  House 
of  Representatives,  six  hundred  dollars;  for  the  services  of  the  Engrossing 
Clerks  at  session  of  January,  eighteen  hundred  and  sixty-three,  to  be  paid 
under  the  direction  of  the  President  of  the  Senate  and  Speaker  of  the 
House,  five  hundred  dollars;  that  the  President  of  the  Senate  and  Speaker 
of  the  House  of  Representatives  be  authorized  to  issue  to  the  Librarian  a 
pay-bill  for  the  same  per  diem  as  is  by  law  allowed  to  members  of  the 
General  Assembly,  for  the  period  of  the  present  extra  session;  for  the 
Printers  of  the  Senate  and  House  of  Representatives,  in  pursuance  of  the 
contracts  made  by  the  Committees  of  both  Houses,  eleven  thousand  five. 
hundred  dollars,  if  so  much  be  necessary,  for  the  printing  executed  by  the 
said  Printers  during  the  present  session  of  the  Legislature,  the  same  to  be 
paid  to  them  as  soon  as  the  amounts  of  said  contracts  shall  be  ascertained, 
by  the  Treasurer  of  the  Upper  Division;  for  the  Printer,  for  printing,  in 
pamplet  form,  the  Acts  and  Journals  of  both  Houses,  Reports  and  Resolu- 
tions agreed  to,  the  Governor's  Messages,  Reports  of  the  President  of  the 
Rank  and  Comptroller  General,  with  the  accompanying  documents,  eight 
thousand  dollars,  if  so  much  be  necessary :  Provided,  The  number  of  copies 
specified  in  the  proposals  of  the  Priuters,  as  accepted  by  the  Legislature, 
shall  be  printed  and  deposited  in  the  office  of  the  Treasury  of  the  Upper 
Division  before  the  twentieth  of  April  next,  and  the  amount  to  be  paid 
according  to  the  proposals,  which  shall  be  ascertained  by  the  Treasurer 


partmctit. 


94  '  STATUTES  AT  LARGE 

A.D.1862'3.  aforesaid:  And  further  provided,  That  the  Printer  of  Acts  and  Journals 
^  y  ^  do  publish,  in  his  newspaper  at  Columbia,  all  the  public  Acts  which  may  be 
passed  at  the  present  session,  within  twenty  days  after  the  adjournment  of 
the  Legislature,  and  forward  by  mail,  to  each  member  of  the  General 
Assembly,  each  of  the  Judges,  Attorney  General,  and  each  of  the  Solicitors, 
a  copy  of  such  newspaper,  as  soon  as  such  newspaper  is  issued ;  to  the 
keeper  of  the  State  House,  for  contingent  expenses  during  the  present  ses- 
sion of  the  Legislature,  twelve  hundred  dollars,  if  so  much  be  necessary,  to 
be  accounted  for  by  him  at  the  Treasury,  and  reported  by  the  Treasurer  to 
the  General  Assembly;  for  stationery,  fuel,  distributing  Acts,  and  expenses 
for  election  returns,  sixteen  hundred  dollars,  if  so  much  be  necessary;  five 
hundred  dollars  for  enlarging  the  Library  room,  to  be  paid  on  the  draft  of 
the  keeper  of  the  State  House. 
judiciary  De*  III.  In  the  Judiciary  Department :  For  the  salary  of  the  Chief  Justice) 
three  thousand  five  hundred  dollars ;  for  the  salaries  of  the  Judges  and 
Chancellors,  three  thousand  dollars  each;  for  the  salary  of  the  Attorney 
General,  eleven  hundred  dollars;  for  the  salaries  of  five  Solicitors,  nine 
hundred  dollars  each ;  for  the  Clerk  of  the  Court  of  Appeals  in  Columbia, 
six  hundred  dollars;  for  the  salary  of  the  Messenger  of  the  said  Court  at 
Columbia,  two  hundred  dollars :  Provided,  It  shall  be  the  duty  of  the  said 
Messenger  to  summon  all  members  of  the  Bar  who  are  members  of  the 
Legislature,  when  their  cases  may  be  called  for  trial ;  for  the  salary  of  the 
Librarian  of  the  Court  of  Appeals  in  Columbia,  two  hundred  dollars,  the 
same  to  include  the  expenses  of  fuel  for  the  Court  of  Appeals  and  for  the 
Library;  for  the  salary  of  the  Clerk  of  the  Court  of  Appeals  in  Charleston, 
six  hundred  dollars;  for  the  salary  of  the  Messenger  of  the  said  Court  two 
hundred  dollars;  for  the  salary  of  the  Librarian  of  the  Court  of  Appeals 
in  Charleston,  two  hundred  dollars,  to  include  the  expense  of  fuel  for  the 
Court  of  Appeals  and  for  the  Library;  for  the  salary  of  the  State  Reporter 
fifteen  hundred  dollars ;  and  the  several  appropriations  aforesaid,  for  the 
Clerks,  Librarians,  Messengers,  Reporter,  and  for  the  incidental  expenses 
of  the  Court  of  Appeals,  shall  be  paid  by  the  Treasurer,  only  upon  warrant 
to  be  drawn  by  the  presiding  Judge  of  the  Court  of  Appeals,  at  such  times 
and  for  such  portions  as  they  may  deem  just  and  proper,  and  it  shall  be  the  . 
duty  of  the  said  Reporter  to  attend  in  person,  or  by  deputy,  the  sittings  of 
the  Courts  of  Appeals  and  Errors  in  Columbia  and  Charleston,  and  to  report 
such  arguments  and  statements  of  facts  as  may  be  necessary  to  a  correct 
understanding  of  the  decisions  of  the  said  Courts:  Provided,  That  the 
Judges  of  the  Court  of  Appeals  may,  if  they  think  proper,  announce  the 
results  of  their  decisions  at  certain  stated  periods,  before  filing  their  opin- 
ions :  And  farther  provided,  That  the  said  Reporter  shall  publish  in  one  or 


OF  SOUTH  CAROLINA.  95 

more  of  the  newspapers  at  Columbia,  an  abstract  of  the  principles  decided    a.d.is62'3. 
by  the  Court  of  Appeals  in   its  opinion,  as  soon  as  practicable  after  the     '        «       ' 
delivery  of  the   same;  for  the  pay  of  the  Jurors   and  Constables,  twelve 
thousand  five  hundred  dollars,  if  so  much  be  necessary,  the  certificates  to 
be  paid  at  either  Treasury. 

IV.  In  the  Treasury  Department:   For  the  salary  of    the  Comptroller  Treasury  De- 
General  two  thousand  dollars  ;  for  the  salary  of  the  Clerk  of  the  Comptroller 
General,  one  thousand  dollars,  the  said  Clerk  to  be  appointed  and  removed 

at  the  pleasure  of  the  Comptroller  General;  for  the  salary  of  the  Treasurer 
of  the  Lower  Division,  and  for  Clerk  hire,  two  thousand  dollars;  for  the 
salary  of  the  Treasurer  of  the  Upper  Division,  and  for  Clerk  here,  sixteen 
hundred  dollars;  for  the  Assessor  of  Saint  Philip's  and  Saint  Michael's,  for 
making  out  and  affixing  assessments  of  each  return,  one  thousand'dollars ; 
for  the  services  of  the  Comptroller  General  for  copying  tax-books,  two 
hundred  dollars;  and  for  additional  compensation  to  the  Treasurer  of  the 
Lower  Division,  for  the  performance  of  the  additional  duties  imposed  upon 
Mm  by  an  Act  entitled  "An  Act  to  authorize  the  issue  of  certificates  of 
stock  to  provide  for  the  military  defence  of  the  State,"  ratified  the  twenty- 
second  day  of  December,  iu  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty,  four  hundred  dollars;  for  printing  and  distributing  tax 
returns,  seventeen  hundred  dollars. 

V.  For  the  South  Carolina  College  :  For  the  salary  of  the  President  of  South  Carolina 

/.  College. 

the  College  three  thousand  dollars ;  for  the  salaries  of  seven  professors  of 
the  College,  two  thousand  five  hundred  dollars  each ;  for  the  salary  of  the 
Treasurer  of  the  College,  five  hundred  dollars;  for  the  salary  of  the  Libra- 
rian of  the  College,  six  hundred  dollars;  for  the  salary  of  the  Secretary  of 
the  Board  of  Trustees,  two  hundred  dollars;  for  the  salary  of  the  Marshal, 
four  hundred  dollars;  the  salaries  of  the  President,  Professors,  Treasurer 
and  Librarian,  to  be  paid  by  the  Treasurer  of  the  Upper  Division,  quarterly, 
in  advance,  their  drafts  being  countersigned  by  the  Treasurer  of  the  College. 

VI.  For  the  ordinary  Civil  Expenses :  For  the  payment  of  the  contin-  Ordinary  civil 
gent  accounts  of  the  Upper  Division,  twelve  thousand  one  hundred  and 
sixty-nine  dollars,  if  so  much  be  necessary;  for  the  payment  of  the  contin- 
gent accounts  of  the  Lower  Division,  eleven  thousand  three  hundred  and 
sixty-two  dollars,  if  so  much  be  necessary;  for  the  payment  of  pensions  and 
annuities,  six  hundred  dollars,  if  so  much  be  necessary;  for  the  payment 

of  such  claims  as  shall  be  admitted  by  the  Legislature  at  its  present  ses- 
sion, twenty  thousand  dollars,  if  so  much  be  necessary ;  for  the  support  of 
Free  Schools,  seventy-four  thousand  four  hundred  dollars,  if  so  much  be 
necessary,  to  be  distributed  among  the  several  Election  Districts  in  the  State, 
in  the  proportion  of  six  hundred  dollars  to  each  Representative  in  the 
popular  branch  of  the  Legislature ;  for  the  support  of  paupers  at  the  Lu- 


90  STATUTES  AT  LARGE 

a. D.iS62'3,     natic  Asylum,  five  thousand  five  liundred  dollars,  if  so  mucli  be  necessary; 

*"" ""~y—— ^  for  the  education  of  the  Deaf  and  Dumb  and  of  the  Blind,  eight  thousand 
dollars,  if  so  much  be  necessary,  to  be  paid  to  the  Commissioners  in  the 
same  manner  as  the  appropriation  heretofore  made;  for  refunding  taxes,  as 
directed  by  the  reports  of  the  Committees  of  Ways  and  Means  and  of 
Finance  and  Banks,  agreed  to  by  the  Legislature,  three  thousand  dollars,  if 
so  much  be  necessary;  for  the  payment  of  the  interest  on  two  millions  one 
hundred  and  fifty  thousand  five  hundred  and  ninety  dollars  of  bonds  and 
stocks,  issued  for  the  construction  of  the  new  State  Capitol,  one  hundred 
and  twenty-nine  thousand  nine  hundred  and  four  dollars;  for  the  payment 
of  the  interest  on  three  hundred  and  ten  thousand  dollars  of  the  bonds  of 
the  State,  issued  under  an  Act  entitled  "  Au  Act  to  grant  aid  to  the  Blue 
Kidge  Railroad,"  ratified  the  twenty-second  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  fifty-nine,  eighteen  thousand 
sis  hundred  dollars;  for  the  payment  of  the  interest  on  the  balance  of  four 
hundred  thousand  dollars  of  bonds  of  the  State,  issued  for  the  military  de- 
fence of  the  State,  fifteen  thousand  dollars ;  for  the  payment  of  the  interest 
on  four  hundred  and  eighty-four  thousand  two  hundred  and  eighty  dollars, 
0  issued  for  the  military  defence  of  the  State,  thirty-three  thousand  nine 
hundred  dollars ;  for  the  payment  of  the  interest  on  one  million  eight  hun- 
dred thousand  dollars  of  the  bonds  and  stock  authorized  to  be  issued  at  the 
last  session  of  the  Legislature  for  the  military  defence  of  the  State,  one 
hundred  and  six  thousand  and  thirty  dollars. 

Military  expen-      VII.  For  Military  Expenditures :  For  the  salaries  of  the  following  offi- 
ditures,  1T  _  .  .  ,  _    \  t        ,      .,    '   . 

cers,  viz.:  Adjutant  and  Inspector  General,  two  thousand  five  hundred  dol- 
lars; Arsenal  Keeper  in  Charleston,  one  thousand  dollars;  Arsenal  Keeper 
and  Powder  Receiver  at  Columbia,  at  the  rate  of  four  hundred  dollars  per 
annum;  Physician  of  the  Jail  and  Physician  of  the  Magazine  Guard  at 
Charleston,  each  five  hundred  dollars;  and  for  the  support  of  the  Military 
Academies  at  Charleston  and  Columbia,  thirty-seven  thousand  dollars,  if  so 
much  be  necessary;  and  the  said  Military  Academies  shall  be  under  the 
direction  of  the  Board  of  Visitors :  Provided,  That  each  District  shall  be 
entitled  to  send  to  said  Academies  a  number  of  beneficiaries  equal  to  its 
representation  in  the  House  of  Representatives,  or  in  that  proportion  as  far 
as  the  appropriation  for  the  school  may  allow ;  for  the  salary  of  the  Clerk 
of  the  Adjutant  and  Inspector  General,  one  thousand  and  eighty  dollars; 
for  the  services  of  the  Secretary  of  State  during  the  current  year,  for  all 
service  in  issuing  all  military  commissions,  and  in  lieu  of  any  charge  against 
the  State  for  commissions  of  civil  officers,  eight  hundred  dollars,  to  be  paid 
as  other  salaries  directed  to  be  paid  by  law ;  for  the  salary  of  the  Ordnance 
Officer,  three  thousand  dollars;  for  the  salary  of  the  Clerk  of  the  Ordnance 
Officer,  one  thousand  dollars,  if  so  much  be  necessary,  to  be  paid  upon  the 


OP  SOUTH  CAROLINA.  .  97 

draft  of  the  said  Ordnance  Officer,  said  salaries  to  be  paid  quarterly;  to  A.D.liC2*3. 
.  defray  the  expenses  attendant  upon  the  military  defence  of  the  State,  five  Vs~~" v^1"^ 
hundred  thousand  dollars,  to  be  paid  upou  the  draft  of  his  Excellency  the 
Governor,  and  that  his  Excelleucy  the  Governor  be  also  authorized  to  ex- 
pend, or  see  expended  under  his  direction,  the  balances  now  in  the  hands  of 
the  departmental  officers,  and  at  the  Executive  credit,  from  the  appropriation 
of  the  last  year,  and^hat  an  account  thereof  be  rendered  to  the  next  regu- 
lar session  of  this  General  Assembly. 

VIII.  For  ordinary  Local  Expenditures:  For  the  support  of  the  transient  Ordinary  local 
poor  of  Charleston,  seven  thousand  dollars,  to  be  paid  to  the  City  Council  expen  ltUie-y- 
of  Charleston,  and  accounted  for  by  them  to  the  Legislature ;  for  the  salary 
of  the  Port  Physician  in  Charleston,  including  boat  hire  and  other  incidental 
expenses,  eight  hundred  dollars;  for  the  execution  of  the  Quarantine  Laws 
at  Charleston,  one  thousand  dollars,  if  so  much  be  necessary,  to  be  paid  to^ 
the  City  Council  of  Charleston,  and  expended  under  their  direction  ;  for  the 
salary  of  the  Superintendent  of  the  Fire  Proof  Building  in  Charleston, 
during  the  present  year,  one  hundred  dollars ;  for  the  support  of  the  tran- 
sient poor  of  Georgetown,  three  hundred  and  twenty-nine  dollars  twenty- 
two  cents,  and  also  the  balauce  reported  by  the  Commissioners  as  remaining 
in  their  hands,  the  two  sums  amounting  to  six  hundred  dollars,  to  be  ex- 
pended by  the  Commissioners  of  the  Poor  of  Wiuyah,  to  be  accounted  for 
by  them  to  the  Legislature;  for  aiding  the  support  of  a  ferry  at  Elliott's 
Out,  two  hundred  dollars,  subject  to  the  order  of  the  Commissioner  of  Roads 
for  Saint  Andrew's  Parish ;  for  maintaining  and  keeping  open  the  Roper 
Hospital,  in  Charleston,  three  thousand  dollars,  to  be  paid  to  the  Medical 
Society,  in  trust  for  the  Roper  fund,  to  defray  the  expenses  of  the  said 
hospital;  for  the  support  of  the  State  Normal  and  High  School,  at  Charles- 
ton, five  thousand  dollars,  to  be  subject  to  the  draft  of  the  Commissioners 
of  Free  Schools  of  St.  Philip's  and  St.  Michael's,  and  to  be  applied  by  them 
as  prescribed  by  law ;  for  the  support  of  the  Catawba  Indians,  twelve  hun- 
dred dollars,  if  so  much  be  necessary. 

For  Extraordinary  Expenditures :  For  the  salary  of  John  R.  Niern-  Extraordinary 
see,  as  acting  Commissioner,  Superintendent  and  Architect  of  the  New  exPendl,ure3- 
State  House,  three  thousand  dollars,  to  be  paid  as  the  salaries  of  other 
officers ;  for  the  purpose  of  covering  the  rooms  in  the  New  State  House,  six 
hundred  dollars,  to  be  paid  upon  the  draft  of  the  acting  Commissioner, 
Superintendent  and  Architect;  for  the  construction  of  a  railroad  bridge 
over  the  Ashley  River,  near  Charleston,  as  a  military  road,  thirty-five 
thousand  dollars,  to  be  paid  upon  the  draft  of  his  Excellency  the  Governor; 
the  sum  of  ten  thousand  two  hundred  and  thirty-seven  dollars  ninety-seven 
cents,  if  so  jnuch  be  necessary,  for  building  side  turn-outs  and  for  the  pur- 
13 


98  STATUTES  AT  LARGE 

a.  D.  1862 '3.  chase  of  such  cars,  for  use  on  the  Savannah  and  Charleston  railroad,  as 
v"~"~v^-''  was  rendered  necessary  by  a  resolution  of  the  Executive  Council,  to  be  paid 
upon  the  draft  of  his  Excellency  the  Governor;  for  repairing  the  roof  of 
the  old  State  House,  fifteen  hundred  dollars,  if  so  much  be  necessary,  to  be 
paid  on  the  draft  of  the  keeper  of  the  State  House ;  for  the  removal  of 
slaves  from  the  reach  of  the  enemy,  pursuant  to  the  Ordinance  of  the  Con- 
vention, eighteen  thousand  dollars,  to  be  paid  as  directed  by  the  report  of 
the  Committee  on  Colored  Population  of  the  House  of  Representatives; 
that  the  sum  of  nine  thousand  six  hundred  and  eighty  dollars,  the  amount 
of  deficiency  for  the  support  of  pauper  lunatics,  as  reported  by  the  regents 
of  the  Lunatic  Asylum  for  the  year  one  thousand  eight  hundred  and  sixty- 
two,  be  paid  to  the  draft  of  the  Chairman  of  the  Board  of  Regents ;  for  the 
construction  of  one  thousand  Morse's  carbines,  if  so  much  be  necessary,  to 
—  be  paid  upon  the  draft  of  his  Excellency  the  Governor,  fifteen  thousand 
dollars;  for  the  purchase  of  twenty  copies  of  Mahan's  Permanent  Fortifica- 
tions, five  hundred  dollars,  if  so  much  be  necessary,  to  be  paid  upon  the 
draft  of  the  Chairman  of  the  Board  of  Visitors  of  the  Military  Academies; 
to  Asa  George,  for  the  construction  of  six  small  and  one  large  revolving 
cannon,  ten  thousand  dollars,  to  be  paid  upon  the  draft  of  his  Excellency 
the  Governor;  for  the  erection  of  such  buildings  at  the  Arsenal  Academy 
in  Columbia  as  by  the  Board  of  Visitors  shall  be  considered  necessary, 
twenty-five  thousand  dollars,  to  be  paid  upon  the  draft  of  the  Chairman  of 
said  Board :  Provided,  That  plans  and  specifications  of  said  additional 
buildings,  and  estimates  showing  that  their  cost  shall  not  exceed  twenty- 
five  thousand  dollars,  including  in  said  estimates  the  cost  of  any  materials 
that  may  now  belong  to  the  State,  and  which  can  be  used  for  the  purpose, 
shall  be  made  by  the  architect  of  the  State  before  any  part  of  the  said  ap- 
propriation shall  be  drawn ;  for  the  support  of  two  cadets  now  in  the  Mili- 
tary Academy,  one  appointed  by  this  General  Assemby,  the  other  appointed 
by  the  Governor,  one  thousand  dollars,  to  be  drawn  and  accounted  for  by 
the  Board  of  Visitors ;  for  the  education  of  six  young  men  at  the  Military 
Academies  of  this  State,  and  to  be  drawn  by  the  Chairman  of  the  Board 
of  Visitors,  two  thousand  four  hundred  dollars,  such  young  men  to  be 
selected,  one  for  each  Congressional  District,  by  his  Excellency  the  Gov- 
ernor; for  the  support  of  the  transient  poor  of  Columbia,  two  thousand 
dollars,  to  be  paid  to  the  City  Council  of  Columbia,  and  accounted  for  by 
them  to  the  Legislature;  for  the  Marine  School  of  Charleston,  seven  thou- 
sand dollars,  to  be  paid  to  the  Charleston  Port  Society,  upon  the  draft  of  the 
President,  countersigned  by  the  Secretary;  that  William  B.  Johnston,  as 
agent  of  the  State  for  the  collection  and  recording  in  a  suitable  book,  to  be 
deposited  in  the  archives  of  the  State,  of  the  names  of  such  sons  of  South 
Carolina  as,  during  the  present  war,  have  fallen  in  the  service  of  their 


OF  SOUTH  CAROLINA.  *     99 

couutry,  whether  iu  battle,  from  wounds  received  in  battle,  from  disease,  or  A.  D.  1862 '3. 
from  accident,  be  paid  at  the  rate  of  twelve  hundred  dollars  per  annum,  the  v*~~~v  — ' 
same  to  be  paid  as  the  salaries  of  other  officers  of  the  State  are  paid  by  law, 
and  that  he  do  report  to  the  next  regular  session  of  this  General  Assembly 
the  names  of  all  such  as  have  so  fallen  up  to  that  period ;  to  Charles  P. 
Pclham,  nine  hundred  and  thirty-five  dollars  fifty-one  cents,  being  the 
balance  due  him  for  printing  the  Acts,  Journals,  &o.,  and  to  be  paid  upon 
his  draft;  to  James  Tupper,  E^q.,  Auditor,  three  thousand  dollars,  to  be 
paid  to  him  as  are  the  salaries  of  other  officers;  to  Gen.  "Wilmot  G.  De- 
Saussure,  two  thousand  dollars  for  his  services  connected  with  the  Treasury 
Department,  to  be  paid  to  his  order;  for  the  construction  or  purchase  of 
machines  for  manufacturing  cotton  cards,  subject  to  the  draft  of  the 
Governor,  twenty  thousand  dollars;  that  in  case  of  the  completion  by  Allen 
and  Sprague  of  the  contract  entered  into  between  them  and  the  State  of 
South  Carolina,  pursuant  to  the  resolution  of  the  General  Assembly,  his 
Excellency  the  Governor,  together  with  the  Comptroller  General,  be  author- 
ized to  issue,  in  the  name  of  the  State  of  South  Carolina,  three  hundred 
and  fifty  thousand  dollars  of  bonds  bearing  six  per  cent,  interest,  and  of 
the  value  of  one  thousand  dollars  each,  and  to  be  expended  by  his  Excel- 
lency the  Governor  in  the  payment  of  the  said  Allen  and  Sprague,  in 
accordance  with  his  election  under  the  contract,  the  interest  on  the  said 
bonds  to  be  paid  at  the  Bank  of  the  State  of  South  Carolina  semi-annually, 
and  the  time  of  payment  to  be  regulated  by  his  Excellency  the  Governor 
and  the  Comptroller  General,  and  that,  for  any  armament  which  may  be 
required,  his  Excellency  the  Governor  be  authorized  to  borrow  of  the  Bank 
of  the  State  of  South  Carolina  a  sufficient  amount;  the  sum  of  two  hun-  For  destitute 
dred  thousand  dollars,  (8200,000,)  for  the  supply  of  the  destitute  soldiers 
of  the  State  with  shoes,  clothing,  and  blankets,  the  same  to  be  paid  to  the 
Central  Association  for  the  relief  of  the  soldiers  of  South  Carolina,  on 
the  drafts  of  their  Chairman,  countersigned  by  their  Treasurer,  to  be  ex- 
pended in  purchasing  and  forwarding  to  our  soldiers  shoes,  blankets  and 
clothing,  and  in  refunding  to  the  said  Association  the  sum  of  twenty 
thousand  dollars  ($20,000)  already  advanced  on  contracts  made  for  shoes, 
and  that  the  said  Association  do  account  therefor  to  the  General  Assembly 
at  its  next  session. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  P.  PORTER,  President  of  the  Senate,  , 

A.  P.   ALDRICH,  Speaker  House  of  Representatives. 


100 


STATUTES  AT  LARGE 


A.  I'.  1862 '3. 

No.  4613. 


Ordinances  of 
i  lonrontion 
repealed. 


Militia  Act  in 
force. 


Part  of  Act  of 
1^'jI  repealed. 


Commission 
and  pay  of 
Clerk. 


Persons  liable 
to  Military 
service. 


Exemptions 
1'vom  ordinary 
Militia  duty. 


AN    ACT   FOR    THE    BETTER    ORGANIZATION    OF   THE    MlLITTA,    ANI>   FOR 

OTHER   PURPOSES. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  Ordinances  of  the  Convention  of  this  State,  except  the  Ordinance  en- 
titled "An  Ordinance  to  exempt  overseers  from  the  performance  of  militia 
duty,"  passed  on  the  second  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-two,  which  is  amended  hereinafter  by 
the  provisions  of  this  Act,  and  all  Acts,  Resolutions,  and  Orders,  of  the 
Governor  and  Council,  altering,  suspending  or  repealing  the  Militia  law  of 
this  State,  be,  and  the  same  are  hereby,  repealed ;  and  the  provisions  of  the 
Act  of  the  General  Assembly,  entitled  "An  Act  to  reduce  all  Acts  and 
clauses  of  Acts  in  relation  to  the  Militia  of  this  State  to  one  Act,  and  to 
alter  and  amend  the  same,"  passed  on  the  seventeenth  day  of  December,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  forty-one,  and  all 
Acts  amending  the  same,  which  are  not  inconsistent  with  the  provisions  of 
this  Act,  are  hereby  declared  to  be  of  full  force  and  effect. 

II.  That  an  Act  entitled  "  An  Act  to  amend  and  suspend  certain  portions 
of  the  Militia  and  Patrol  laws  of  this  State,"  passed  on  the  seventh  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
one,  be,  and  the  same  is  hereby,  repealed,  except  the  fifth,  sixth,  eleventh 
and  thirteenth  sections,  which  are  hereby  declared  to  be  of  full  force  and 
effect ;  and  that  said  thirteenth  section  be  so  amended  that  the  Clerk  therein 
authorized  to  be  appointed  by  the  Governor  shall  be  entitled  to  a  commis- 
sion as  Assistant  Adjutant  General,  with  the  rank  and  pay  of  First  Lieu- 
tenant of  Infantry  in  Confederate  service,  to  date  from  the  day  of  his 
appointment. 

III.  All  male  persons  between  the  ages  of  eighteen  and  fifty  shall  be 
liable  to  militia  duty,  except  persons  who  are  exempted  by  the  said  Act  of 
eighteen  hundred  and  forty-one  from  "all  militia  service." 

IV.  The  following  persons  shall  be  exempted  from  ordinary  militia  duty, 
but  shall  be  liable  to  perform  the  duty  in  times  of  alarm,  insurrection,  in- 
vasion, or  as  one  of  the  posse  comitatus,  when  required,  and  shall  not  be 
exempted  from  actual  service  in  their  respective  Districts,  when  called  out 
by  the  Governor  under  the  militia  organization  :  The  members  of  both 
branches  of  the  Legislature  and  their  respective  officers,  including  the 
Attorney  General  and  Solicitors  of  the  State,  during  the  session,  and  fifteen 
days  before  the  sitting  and  fifteen  days  after  the  adjournment  thereof;  all 
those  in  Confederate  or  State  military  service,  including  the  officers  and 
Cadets  of  the  State  Military  Academy;  all  regularly  officiating  clergymen; 
all  regularly  licensed  practicing  physicians  over  the'  age  of  thirty-five  years ; 


OF  SOUTH  CAROLINA.  101 

one  apothecary  to  each  regularly  established  drug  store  which  has  been  in  a.  d.  1S62'3. 
operation  six  months;  the  Faculty  and  Officers  of  the  South  Carolina  Col-  v~"~v~-"/ 
lege,  and  the  Professors  in  other  incorporated  Colleges  and  Theological 
Schools,  while  said  colleges  and  schools  are  in  actual  operation ;  the  super- 
intendent, teachers,  and  steward  of  the  Cedar  Springs  Asylum ;  all  school- 
masters having  under  their  charge  not  less  than  twenty  scholars;  all  branch 
pilots;  one  white  man  to  each  established  ferry,  toll  bridge,  or  toll  grain 
mill,  if  actually  kept  by  such  white  man  ;  the  President,  Cashier,  and  one 
Teller  of  each  of  the  several  banks  of  this  State,  and  the  Treasurers  of  the 
several  Savings'  Institutions  of  this  State;  the  officers  and  men  of  the  City 
Guard,  and  officers  and  forty  men  of  each  Company  of  the  Fire  Department 
of  Charleston  and  Columbia;  the  officers  and  as  many  employees  of  each 
Railroad  Company  as  the  President  or  Superintendent  may  certify  to  be 
necessary  to  the  efficient  conduct  of  its  business :  Provided^  That  it  is  also 
certified  that  the  duty  of  said  employees  cannot  be  discharged  by  slaves ; 
the  Superintendent  and  Keeper  of  the  Lunatic  Asylum,  and  their  assistants; 
Stewards  or  Keepers  of  Poor-Houses ;  the  Keepers  of  the  Arsenals  of  the 
State;  all  persons  holding  office  under  the  Confederate  States,  except 
Deputy  Post-Masters;  all  persons  employed  by  the  State  or  by  the  Con- 
federate States  in  the  manufacture  of  arms,  munitions  of  war,  and  army 
supplies;  all  persons  actually  engaged  in  the  manufacture  of  salt  on  the 
sea-coast,  and  all  persons  over  the  age  of  fifty;  and  all  persons  belonging  to 
the  Boards  of  Relief  of  soldiers'  families. 

V.  That   the  commanding   officers  of  beat   companies  shall    keep   two  Duties  of  coin- 
separate  rolls,  one  of  the  names   of  all  persons  resident  in  their  beats  be-  Ceatcomp* 
tweeu  the  ages  of  sixteen  and  sixty,  and  another  of  the  names  of  all  per-  nies' 

sons  between  the  ages  of  sixteen  and  fifty,  designating  in  said  rolls  the  ages 
of  each  person;  and  all  persons  required  to  be  enrolled  by  this  Act  shall, 
immediately  after  its  passage,  report  their  names  to  the  commanding  officers 
of  their  beat,  who  shall  have  power  to  administer  oaths  as  to  the  ages  and 
residence  of  persons,  when  they  refuse  to  make  known  their  age  or  place  of 
residence,  or  where  there  may  be  doubts  as  to  either;  and  each  and  every 
beat  company  shall  be  called  out  for  drill  and  instruction  once  in  every  two 
months. 

VI.  That  the  commanding  officers  of  companies,  as  soon  as  said  enroll-  Penalty  for  not 
ment  can  be  made,  shall  return  said  rolls  to  the  commanding  officers  of  their  turn*    ** 
regiments,  who  shall  return  the  same  within  ten  days  to  the  office  of  the 
Adjutant  and  Inspector  General;   and  for  default  in  making  said  returns 

the  commanding  officers  of  companies  shall  be  liable  to  a  fine  of  fifty  dol- 
lars, and  the  commanding  officers  of  regiments  to  a  fine  of  one  hundred 
dollars,  to  be  imposed  by  a  court  martial  ordered  by  the  Governor  for  the 
trial  of  such  defaulters. 


102 


STATUTES  AT  LARGE 


A.  D.  1862 '3. 

First  corps  of 
Reserves  to  be 
enrolled. 


Mi'itia  to  be 
called  out  by 
Governor. 


Militia  to  elect 
company  aud 
field  officers. 


Term  of  ser- 
vice of  Militia 
limited. 


Penalty  for 
non-perform- 
ance of  duty. 


YII.  That  all  persons  who  now  are,  or  may  hereafter  he,  in  actual  ser- 
vice in  the  regiments  known  as  the  First  Corps  of  Reserves,  or  who  may  be 
in  actual  State  military  service,  and  who  shall  not,  at  the  expiration  of  said 
service,  have  been  called  into  Confederate  service,  shall  report  to  the  com- 
manding officer  of  the  beat  in  which  they  respectively  reside,  and  be  en- 
rolled for  militia  service  in  said  beat.  *«■ 

VIII.  That  to  repel  invasion  aud  suppress  insurrections,  the  Governor 
shall  have  power,  and  he  is  hereby  authorized,  whenever  in  his  judgment 
the  public  safety  requires  that  troops  should  be  raised  for  the  public  de- 
fence, to  call  into  actual  service,  in  any  part  of  the  State,  all  or  such  por- 
tion of  the  militia  as  he  may  deem  necessary,  between  the  ages  of  sixteen 
and  fifty  years,  except  such  persons  as  are  exempted  by  the  provisions  of 
this  Act  from  ordinary  militia  duty,  and  from  actual  service,  except  within 
the  limits  of  the  Districts  in  which  they  reside.  That  when  such  call  has 
been  made,  the  Governor  shall  have  the  power,  and  is  hereby  authorized, 
to  orgauize  the  troops  into  companies,  battalions  and  regiments,  conforming 
said  organization,  as  far  as  may  be  practicable,  to  the  laws  and  army  regu- 
lations of  the  Confederate  States:  Provided,  That  the  said  troops  shall 
exercise  the  right  of  electing  their  company  and  field  officers ;  and  it  shall 
be  the  duty  of  the  Governor  to  order  said  elections  to  be  held,  at  such  times 
and  places  as  he  may  select,  and  to  be  conducted  in  such  manner  as  he 
may  direct,  and  in  the  event  of  a,  failure  to  hold  any  of  said  elections,  the 
Governor  shall  fill  such  offices  by  appointment. 

IX.  That  in  organizing  said  troops  into  battalions  and  regiments,  regard 
shall  be  had,  as  far  as  may  be  practicable,  to  the  proximity  of  the  companies. 

X.  That  the  Governor  shall  have  the  power,  and  is  hereby  authorized, 
on  any  sudden  emergency,  which  in  his  judgment  will  not  admit  of  the 
delay  necessary  in  organizing  troops  under  the  eighth  section  of  this  Act, 
to  call  out  any  portion  of  the  militia  he  may  require  to  repel  the  enemy  or 
suppress  insurrection,  or  to  act  as  posse  comitatus,  who  shall  go  into  service 
under  their  militia  organization :  Provided,  That  such  portion  of  the  militia 
shall  not  be  continued  in  service  for  a  longer  time  than  may  be  necessary 
to  call  out  and  organize  troops  under  the  provisions  of  said  eighth  section 
of  this  Act. 

XL  That  all  persons  liable  to  perform  actual  military  service  under  the 
provisions  of  this  Act,  who  shall  make  default  when  summoned  into  such 
service,  shall  be  liable  to  such  punishment,  short  of  death,  as  may  be  im- 
posed by  a  Court  Martial,  according  to  the  Articles  of  War  of  the  Con- 
federate States,  said  Court  to  be  convened  by  the  officer  commanding  the 
Regiment  in  which  the  defaulter  is  liable  to  perform  said  military  service, 
who  is  hereby  authorized  to  order  said  Court,  in  conformity  with  the  usages 
of  the  Confederate  States. 


OF  SOUTH  CAROLINA.  103 

XII.  That  the  troops  which  may  be  called  into  actual  service  under  any    A.D.iS62'3. 
of  the  provisions  of  this  Act  shall,  while  in  such  service,  be  subject  to  the     v-- -— y— — ' 

i-»         i     «  ,A      _      ,   ,  0  „.  .  Discipline. 

Army  Regulations  ot  the  Confederate  States  ot  America. 

XIII.  That  the  Ordinance  of  the  Convention  of  this  State,  entitled  "  An  Exemption  for 

•  overseers. 

Ordinance  to  exempt  overseers  from  the  performance  of  militia  duty, 
passed  on  the  second  day  of  January,  in  the  year  of  our  Lord  one  thousand 
eighth  hundred  and  sixty-two,  be,  and  the  same  is  hereby,  altered  and 
ameuded,  and  that  from  and  after  the  passing  of  this  Act,  and  during  the 
present  war,  all  applications  for  the  exemption  of  overseers  shall  be  made 
in  writing  to  the  Adjutant  and  Inspector  General  of  the  State,  by  the 
owner,  trustee  or  agent  having  charge  of  the  plantation  and  negroes, 
who  shall  state  on  oath  the  age  of  the  employer,  the  number  of  negroes  and 
actual  working  hands  under  the  charge  of  the  overseer  on  the  plantation, 
and  the  situation  of  the  same,  which  statement  shall  be  verified  by  the  affi- 
davit of  at  least  two  credible  persons.  And  if  it  appears  that  the  person 
applying  for  the  exemption  is  absent  in  the  service  of  the  State,  or  of  the 
Confederate  States,  or  is  above  the  age  of  sixty  years,  or  is  decrepid  (to  be 
certified  by  a  physician,)  or  a  female,  or  a  minor  or  minors  under  the  ape 
of  eighteen  years,  and  that  the  number  of  working  hands  exceeds  fifteen, 
the  Adjutant  and  Inspector  General  shall  issue  a  certificate  exempting  such 
overseer  from  actual  military  service  beyond  the  limits  of  the  District  in 
which  he  resides,  and  furnish  him  with  a  copy  of  said  certificate.  And 
that  it  may  be  lawful  for  two  or  more  owners  of  plantations,  not  further 
apart  than  five  miles,  and  having  between  them  fifteen  working  hands,  to 
join  in  an  application  for  such  exemption,  provided  the  overseer  resides  on 
one  of  said  plantations.  Or  if  it  appears  that  a  plantation  on  which  there 
are  fifteen  or  more  working  hands  is  left  without  any  white  male  person 
thereon  to  protect  and  govern  said  working  hands,  except  the  overseer,  the 
Adjutant  and  Inspector  General  may  exempt  such  overseer  from  actual 
military  service  beyond  the  limits  of  the  District  in  which  he  resides,  pro- 
vided that  such  exemption  be  recommended  by  the  commanding  officer  of 
the  beat  in  which  such  plantation  is  situate,  and  approved  by  the  Colonel 
of  the  Regiment.  That  the  certificates  of  exemption  which  have  been 
heretofore  granted  by  the  Adjutant  and  Inspector  General  under  the  said 
Ordinance  of  the  Convention  of  this  State,  or  which  may  hereafter  be 
granted  under  this  Act,  shall  not  exempt  overseers  from  actual  service  in 
the  militia  when  called  out  under  th'e  provisions  of  the  eleventh  section  of 
this  Act,  or  from  ordinary  militia  or  patrol  duty. 

XIV.  That  the  Governor  shall  have  the  power  to  detail  persons  liable  to  Governor  may 
military  service  under  the  provisions  of  this  Act  to  guard  the  railroad  d  soldier*, 
bridges  in  this  State,  or  to  perform  any  other  special  service,  in  the  nature 

of  military  service,  which  he  may  consider  necessary  to  protect  public  prop- 


104 


STATUTES  AT  LARGE 


A.D.1S62'3. 


Pay  of  officers 
and  privates. 


Confederate 
officers  to  be 
assisted   in    ar- 
resting   desert- 
ers. 


Military  com- 
missions va- 
cated. 


Eligibility  for 
military  office. 


Governor  to 
distribute  arms, 


Pay  of  sheriffs, 
Ac. 


Limitation  of 
Act, 


erty,  or  for  the  public  interest;  and  persons  so  detailed,  while  in  such  ser- 
vice, shall  be  exempt  from  all  military  service,  and  from  patrol  duty. 

XY.  That  when  in  actual  service,  under  the  provisions  of  this  Act,  the 
pay  of  officers  and  the  pay  and  rations  of  non-commissioned  officers  and 
privates,  and  of  persons  detailed  for  special  service,  shall  be  the  same  as 
that  allowed  by  the  laws  of  the  Confederate  States. 

XVI.  That  the  officers  of  the  militia  shall  not  be  required  to  provide 
themselves  with  uniforms,  as  heretofore  required  by  law. 

X  VII.  That  the  Governor  shall  have  power,  and  is  hereby  authorized,  to 
order  the  Sheriffs,  and,  if  necessary,  any  portion  of  the  military  of  this 
State,  to  aid  Confederate  officers,  who  are  duly  authorized,  in  arresting  de- 
serters from  the  armies  of  the  Confederate  States,  or  persons  who  are 
liable  to  service  under  the  Conscription  Acts  of  Congress,  and  who,  when 
called  into  service,  refuse  to  submit,  and  resist  or  threaten  to  resist  said 
officers. 

XVIII.  That  all  commissions  held  by  the  militia  officers  of  this  State, 
except  the  Adjutant  and  Inspector  General,  who  are  not  exempt  from  ser- 
vice by  the  Conscription  Act  of  the  Confederate  Congress,  be,  and  the 
same  are  hereby,  vacated  as  soon  as  new  elections  can  be  held,  which  elec- 
tions the  Adjutant  and  Inspector  General  is  hereby  instructed  to  order 
immediately  after  the  passing  of  this  Act:  and  that  no  one  liable  to  duty 
in  the  Confederate  service,  unless  he  be  exempted  from  said  service  un- 
der the  provisions  of  the  Exemption  Act  of  Congress,  shall  be  hereafter 
eligible  to  any  militia  office. 

XIX.  That  the  Governor  shall  have  power,  and  is  hereby  authorized,  to 
distribute  arms  and  ammunition  to  such  portions  of  the  militia  as,  in  his 
opinion,  may  be  necessary  for  the  public  safety,  and  all  such  arms  and 
ammunition,  and  such  as  have  already  been  distributed  by  order  of  the 
Governor  and  Council,  shall  at  all  times  be  subject  to  the  order  of  the 
Governor. 

XX.  The  Sheriffs  who  shall  aid  the  Confederate  officers  under  the  pro- 
visions of  this  Act,  as  well  as  those  who  have  aided,  or  shall  aid,  the  State 
officers,  under  the  resolutions  and  Executive  Council,  or  any  order  of  the 
Governor,  shall  receive  for  their  services  the  same  fees  as  are  now  allowed 
by  law  for  serving  warrants  and  making  arrests ;  and  for  the  keep  of 
prisoners,  the  sum  of  sixty  cents  per  day  for  each  prisoner. 

XXI.  That  all  Acts  and  clauses  of  Acts  in  relation  to  the  militia  of  this 
State,  consistent  with  the  provisions  of  this  Act,  shall  continue  of  full 
force  and  effect;  and  all  Acts  and  clauses  of  Acts  inconsistent  with  the 
provisions  of  this  Act,  which  is  to  continue  of  force  during  the  present 


OF  SOUTH  CAROLINA.  105 

war  between  the  Confederate  States  and  the  United  States  of  America,  be,    a.  d.  1862 '3. 
and  the  same  are  hereby,  repealed. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.   D.  PORTER,   President  of  the  Senate. 

A.  P.  ALDRICH,   Speaker  House  of  Representatives. 


an  act  to  organize  and  supply  negro  labor  for  coast  defence,  no.  4g14. 
in  compliance  with  requisitions  of  the  government   of  the 
Confederate  States. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  state  to  be  di- 
from  and  after  the  passage  of  this  Act  this  State  shall  be  divided  into' four 
Territorial  Divisions,  as  jbllows,  to  wit: 

Division  No.  1.     The  Judicial  Districts  of  Pickens,  Greenville,  Spartan-  1st  Division. 
burg,  Anderson,  Union,  York,  Chester,  Laurens,  Abbeville  and  Newberry, 
to  constitute  the  first  division. 

Division  No.  2.     The  Judicial  Districts  of  Lancaster,  Kershaw,  Chester-  2d  Division, 
field,  Marlborough,  Darlington,  Marion,  Sumter,  Clarendon,  Williamsburg 
and  Horry,  including  Upper  All  Saints,  to  constitute  the  second  division. 

Division  No.  3.     The  Judicial  Districts  of  Fairfield,  Richland,  Lexing-  3d  Division, 
ton,  Edgefield,  Barnwell  and  Orangeburg,  to  constitute  the  third  division. 

Division  No.  4.     The  Judicial  Districts  of  Charleston,  Colleton,  Beaufort,  4th  Division. 
Georgetown,  including  Lower  All  Saints,  to  constitute  the  fourth- division. 

II.  That  the  negro  labor  hereinafter  required  shall  be  furnished  by  the  order  of 
several  Districts  aforesaid,  as  follows,  to  wit:  first,  by  Division  No.  2;  nest,  Dlvlslons- 
by  Division  No.  3 ;  next,  by  division  No.  1 ;  and  last,  by  Division  No.  4. 

TIL  That  as  soon  as  the  Governor  shall  have  received  from  the  Con- when  labor  to 
federate  Government,  through  the  proper  officer  authorized  thereto,  written 
assent  and  agreement  to  the  terms  and  conditions  hereinafter  set  forth,  he 
shall  call  for  such  labor  as  may  be  demanded  by  the  Confederate  military 
authority  from  the  several  divisions,  in  the  order  aforesaid,  to  be  furnished 
14 


106 


STATUTES  AT  LARGE 


A.  D.  1862  '3. 


What  slaves 
taken- 


Commissioners 
to  summon 
owners. 


Limitation  of 
service. 


Notice  to  be 
given  by  Con- 
federate Gov- 
ernment. 


Transportation 
furnished, 


Rations  sup- 
plied. 


Compensation. 


Liability  of  Con- 
federate Gov- 
ernment. 


by  the  slaveholders  thereof,  in  proportion  to  the  slave  population,  as  speci- 
fied in  the  last  census  return  of  this  State: 

1st.  That  the.  slaves  liable  to  this  call  shall  be  the  same  that  are  liable  to 
road  duty  in  this  State; 

2d.  That  it  shall  be  the  duty  of  the  Commissioners  of  Roads,  and  the 
authorities  of  incorporated  cities,  towns  and  villages  not  subject  to  the 
jurisdiction  of  the  Commissioners  of  Roads  in  the  performance  of  road 
duty  in  the  several  Districts,  to  summon  the  owners  to  furnish  their  respect- 
ive quotas  of  slave  labor  which  the  Governor  shall  require ; 

3d.  That  each  levy  under  the  call  shall  serve  for  one  month,  and  until 
relieved,  in  turn,  by  the  next  levy.  And  if  the  said  Commissioners  of 
Roads,  or  any  of  them,  shall  neglect  or  refuse  so  to  summon  such  slave 
owners  to  send  their  said  slaves  in  pursuance  of  the  requisition  aforesaid, 
such  Commissioners  or  Commissioner  shall  suffer,  for  each  and  every  such 
neglect  or  default,  the  same  pains  and  penalties,  and  in  the  same  manner,  as 
now  prescribed  by  statute  law  in  this  State.  And  that  the  Boards  of  Com- 
missioners shall  have  power  to  appoint  Commissioners  in  such  divisions  as 
are  now  vacated  by  the  absence  of  Commissioners  in  the  present  war,  for 
the  ensuing  year,  from  citizens  of  any  age; 

4th.  That  such  notice  shall  be  given  by  the  engineer  or  other  officer  of 
the  Confederate  Government,  of  all  requisitions  for  negro  labor,  except  the 
first,  as  will  enable  the  owners  of  slaves  to  have  thirty  days  from  the  time 
of  summons  to  the  time  of  furnishing  their  respective  quotas  of  slaves. 
That  the  first  requisition  may  be  made  with  such  notice  as  the  urgency  of 
the  case  will  permit. 

5th.  That  the  Confederate  authorities  shall  furnish  transportation  by 
railroad  from  the  depot  nearest  the  owner's  residence,  the  owner  to  trans- 
port his  or  her  slaves  at  his  or  her  own  expense  to  such  depot,  irrespective 
of  the  distance  of  such  depot  from  his  or  her  residence ; 

6th.  That  rations  shall  be  supplied  by  the  Confederate  authorities  to  the 
said  slaves  from  the  time  of  their  arrival  at  such  depots  until  their  return 
to  the  homes  of  their  owners ; 

7th.  That  the  pay  of  each  slave  shall  be  eleven  dollars  per  month,  to  be 
paid  by  the  Confederate  Government,  and  to  be  sheltered,  and  receive  all 
proper  medical  attendance  in  case  of  sickness; 

8th.  That  the  Confederate  Government  shall  be  liable  to  the  owner  for 
any  loss  or  damage  of  or  to  the  slave  or  slaves  during  his  or  their  service, 
or  from  disease  contracted  in  service,  such  liability  to  commence  on  the 
arrival  of  such  slave  or  slaves  at  the  railroad  depot  for  transportation,  and 
to  continue  until  his  or  their  return  to  the  same ;  and  the  value  shall  be 
assessed  as  hereinafter  provided. 


OF  SOUTH  CAROLINA.  107 

IV.  That  a  State  Agent  shall  be  appointed  by  the  Governor,  who  shall    a.d,is62'3. 
receive  for  his  services   the   pay  of  a  Lieutenant  Colonel  of  infantry,  as     <"""~"\^~"""/ 

..'  ,  i       \       n      «  i  /-,  i      •        i_"«  i  -i  State  Accent  to 

allowed  by  the  Confederate  Government,  during  nis  employment,  to  be  paid  be  appointed, 
to  him  monthly  by  the  Confederate  Government;  and  there  shall  be  also 
one  overseer  for  every  one  hundred  slaves,  said  overseer  to  be  selected  by 
the  owners  or  their  agents,  and  to  receive  each  fifty  dollars  per  month 
during  his  employment,  to  be  paid  monthly  by  the  Confederate  Govern- 
ment; these  said  overseers  to  be,  during  their  employment,  subject  to  the 
orders  and  the  jurisdiction  of  the  Confederate  military  authorities. 

V.  That  it  shall  be  the  duty  of  the  State  Agent  to  visit  all  the  camps  of  Duties  of 
the  laborers,  to  examine  their  condition,  to  observe  their  treatment  and  dis- 
cipline, to  examine  their  food,  both  as  to  quality  and  quantity,  and  to  see 

that  it  is  the  proper  ration  lor  each,  as  is  allowed  by  law;  and  particularly  to 
inform  himself  as  to  their  medical  and  surgical  attendance  and  care,  and 
whenever  required,  to  report  the  same  to  the  Governor;  and  especially  at 
the  conclusion  of  the  tour  of  service  of  each  levy,  it  shall  be  his  duty  to 
make  such  a  report  to  the  Governor,  in  whose  possession  it  may  be  open  for 
examination  by  the  owners  of  the  said  slaves. 

VI.  That  it  shall  be  the  further  duty  of  the  State  Agent  to  collect  and  Agent  to  re- 
receive  the  slaves  as  they  shall  be  called  into  service,  at  the  several  railroad  taken, 
depots  where  they  arc  to  be  delivered,  to  give  receipts  therefor  to  the 

owners  or  their  agents  at  such  depots,  and  send  forward  the  said  slaves  to 
their  points  of  destination ;  and  he  shall  also  be  present  at  the  assessment 
of  the  slaves  hereinafter  provided,  and  see  that  the  same  is  made  in  dupli- 
cate, and  certify  the  same ;  one  copy  to  be  given  to  the  owner,  and  the 
other  to  be  retained  by  the  Confederate  authorities. 

VII.  That  it  shall  be  the  duty  of  said  State  agent  to  certify  the  bills  for  Agent  to  certify 
the  pay  of  the  said  slaves  for  their  respective  owners,  specifying  the  num- 
ber of  the  said  slaves,  the  time  they  have  been  employed,  and  the  names  of 

the  owners;  which  bills,  so  certified,  shall  entitle  the  owners,  by  themselves 
or  their  order  endorsed  thereon,  to  receive  the  same  from  Confederate 
authority. 

VIII.  That  in  case  of  any  attack  by  the  enemy,  the  slaves  shall  be  im-  Slaves  to  be  re- 
mediately  removed  to  some  place  of  safety;  and  it  shall  be  the  duty  of  the  danger. 
State  Agent  and  overseers  to  carry  this  provision  promptly  into  execution — 

subject  to  the  order  and  direction  of  .the  Confederate  commanding  officer 
at  the  time  and  place  where  the  slaves  are  employed. 

IX.  That  before  the  slaves  shall  be  employed  in  labor  by  the  Confederate  Slaves  to  be 
authorities,  they  shall  be  assessed  by  an  Assessor  to  be  chosen  by  said  au- 
thorities and  an  Assessor   selected   by  the  owner  or  State  Agent.     The 
assessment  shall  be  in  writing,  and  contain  the  name  of  the  owner,  the  name 


108  STATUTES  AT  LARGE' 

A. D.  1862 '3.     or  names  of  the  slave  or  slaves,  and  his  or  their  respective  value  or  values; 

S-T"~— ^     to  be  taken  in  duplicate,  in  presence  of  the  State  Agent,  who  shall  certify 

the  same;  one  copy  to  he  delivered  to  the  owner,  and  the  other  to  be  retained 

by  the  Confederate  authorities;  and  such  assessment  shall  be  conclusive  of 

the  value  of  said  slave  or  slaves. 

Commissioner  X.  That  it  shall  be  the  duty  of  the  Commissioners  of  Roads  to  see  that 
yen  y  quo  a.  one  or  more  of  their  number  be  present  at  the  respective  railroad  depots, 
where  the  said  staves  are  delivered  to  the  State  Agent  by  the  owner,  to 
verify  the  quota  which  each  owner  is  bound  to  furnish  under  the  call;  and 
in  default  thereof,  they  shall  be  liable  to  the  same  penalties  as  now  provided 
by  law  forgot  summoning  hands  to  work  on  the  roads  in  their  several 
Districts.  % 

Penalty  for  XI.  That  if  any  owner  of  slaves  shall  neglect  or  refuse  to  send  his  slave 

slaves.  or  slaves  liable  to  the  call  hereinbefore  mentioned,  after  the  notice  herein 

provided  shall  have  been  given  him  or  her  by  the  Commissioner  so  to  do, 
such  owner  shall  be  liable  to  the  same  fines  and  penalties  now  provided  by 
statute  law  for  default  in  the  performance  of  road  duty,  of  which  default 
the  Board  of  Commissioners  shall  have  full  jurisdiction. 

Commutation  XII.  That  no  slave  owner  shall  be  exempt  from  supplying  slave  labor  for 
such  requisitions  by  reason  of  his  slave  or  slaves  being  employed,  at  the 
passage  of  this  Act,  in  manufacturing  or  on  railroads,  or  in  the  boiling  of 
salt,  or  in  any  Government  contract;  but  in  such  case  the  owner  may  com- 
mute for  such  service,  by  paying  into  the  State  Treasury  a  sum  of  money, 
to  be  computed  at  eleven  dollars  per  month  for  each  of  such  slaves  for  the 
time  their  labor  would  have  been  required  under  this  Act. 

Labor  previous-      XIII.  That  in  the  apportioning  of  the  levies  in  the  said  several  divisions, 

ly  furnished  to  -   i         i      p        •  i      i      i  i  ii  -i     n  i  v 

be  credited,  slave  owners  who  have  already  furnished  the  slave  labor  shall  be  credited 
therefor,  in  the  requisitions  to  be  made  under  this  Act;  and  no  more  labor 
shall  be  required  from  such  owners  than  may  be  sufficient,  with  the  labor 
already  furnished  by  them,  respectively,  to  make  up  their  respective  quotas. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


OF  SOUTH  CAROLINA.  109 

AN   ACT   TO    AMEND    AN    ACT    ENTITLED    "  An    ACT   TO  ORGANIZE   AND      AD.  1862 '3. 

supply  Negro  Labor  for  Coast  Defence,  in  compliance  with    "—■ ~v^— ' 

REQUISITIONS    OF    THE   GOVERNMENT    OF    THE  CONFEDERATE  STATES,"     •Wo-4«A&« 
AND  TO  AUTHORIZE   AND    DIRECT   THE    GOVERNOR  TO  PROCEED  TO  FUR- 
NISH Negro  Labor  under  said  Act. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Amendment  at- 
an  Act  entitled  "  An  Act  to  organize  and  supply  Negro  labor  for  Coast  de-  nnt  agents. 
fence,  in  compliance  with  requisitions  of  the  Government  of  the  Confed- 
erate States,"  passed  on  the  eighteenth  day  of  December,  Anno  Domini, 
eighteen  hundred  and  sixty-two,  be,  and  the  same  is  hereby,  amended,  and 
that  the  State  Agent,  appointed  under  the  fourth  section  of  said  Act,  shall 
have  the  power,  and  is  bereby  authorized,  to  appoint,  with  the  approval  of 
the  Governor,  such  number  of  assistant  agents  as  in  his  judgment  may  be 
necessary  to  enable  him  to  execute  the  provisions  of  the  sixth  section  of 
said  Act,  and  as  a  compensation  for  their  services  while  so  employed,  they 
shall  be  entitled  to  receive  two  dollars  per  diem. 

II.  That  the  eleventh  section  of  said  Act  be  so  amended  that,  instead  of  Amendment  in- 

crG3cinrr  fin© 

the  fines  and  penalties  therein  imposed  upon  such  owners  of  slaves  as  shall  for  default. 
neglect  or  refuse  to  send  their  slaves,  according  to  the  requirements  of  said 
Act,  such  defaulters  shall  be  liable  to  a  fine  of  one  and  a-half  dollars  per 
diem  for  each  slave,  for  the  time  they  shall  be  liable  to  send  such  slaves,  to 
be  imposed  and  collected  by  the  Commissioners  of  Roads  in  the  District 
where  such  default  has  been  made,  in  the  manner  now  provided  by  law  for 
default  in  the  performance  of  said  duty. 

III.  That   the  Governor  be,  and   is  hereby,  authorized   and  directed,  Governor  to 
to  proceed  to  furnish  negro  labor  to  the  Confederate  Government  under  labor.   negr° 
said  Act;  notwithstanding  said  Government  has  not.  through  the  proper 

officer  authorized  thereto,  assented  and  agreed  to  the  provisions  contained 
in  said  Act,  declaring  said  Government  liable  to  the  owner  for  any  loss  or 
damage  of  or  to  the  slave  or  slaves  during  his  or  their  service :  Provided, 
however,  That  the  State  does  not,  by  this  Act,  waive  the  right  to  insist  upon 
such  liability,  as  well  as  all  the  provisions  of  said  Act,  and  the  amendments 
thereto,  and  he  is  hereby  directed  to  take  such  proceedings  as  he  may  deem 
necessary  and  proper,  to  bring  said  provisions  to  the  notice  of  the  Congress 
of  the  Confederate  States,  and  procure  their  assent  to  all  its  terms  and 
conditions. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  Slate  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


110  STATUTES  AT  LARGE 

A.D.  1862 '3.      AN    ACT    TO   AMEND   AN   ACT    ENTITLED    "An  ACT    TO  AMEND   AN   ACT 
** — V—"'  ENTITLED   '  AN    ACT    TO    ORGANIZE    AND    SUPPLY    NEGRO     IjABOR    FOR 

No.  4616.       Coast  Defence,  in  compliance  with  requisitions  of  the  Govern- 
ment of  the  Confederate  States,'  "  and  for  other  purposes. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

Twelfth  section  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

cember,  1S62,     the  twelfth  section  of  an  Act  entitled  "  An  Act  to   organize  and  supply 

negro  labor  for  the  coast  defence,  in  compliance  with  requisitions  of  the 

Government  of  tbe  Confederate  States,"  passed  on   the   eighteenth  day  of 

December,  Anno  Domini  one  thousand  eight  hundred  and  sixty-two,  be, 

and  the  same  is  hereby,  repealed* 

Commissioners      II.  That  the  Commissioners  of  Roads  be,  and  they  are  hereby,  required 

to  return  de-  .     .  •         t»         -t         p  11  •  i  • 

faukers  on  to  make  returns,  on  oath,  to  their  respective  .Boards  or  all  persons  withm 
their  divisions  who  shall  make  default  in  furnishing  their  quota  of  negro 
labor  when  called  for,  in  pursuance  of  said  Act;  and  it  shall  be  the  duty 
of  said  Boards  to  report  the  names  of  all  such  defaulters  to  the  Fall  Term 
of  the  Court  of  Common  Pleas  and  General  Sessions,  and  also  what  action 
they  have  taken  in  relation  to  such  defaulters. 

City  author-  III.  That  the  authorities  of  anv  incorporated  city,  town  or  village  not 

ities,  Ac,  to  re-  .  .  „ ■  Z.  .     .  n   t,       ,     .       ,  _ 

port  defaulters,  subject  to  the  jurisdiction  of  the  Commissioners  of  Roads  in  the  perform- 
ance of  road  duty,  shall  cause  returns  to  be  made,  on  oath,  of  all  persons 
within  their  jurisdiction  who  shall  make  default  in  furnishing  his  or  her 
quota  of  labor  when  called  for,  in  pursuance  of  said  Act,  and  report  all  such 
defaulters  as  hereinbefore  required  of  the  Boards  of  Commissioners  of 
Roads. 

One  slave  ex-  IV.  That  persons  owning  only  one  slave  liable  to  road  duty  shall  be 
exempted  from  furnishing  labor  under  said  Act. 

Commissioners      V.  That  a  number  less  than  a  quorum  of  any  Board  of  Commissioners  of 

cancies.Va  Roads  shall  have  the  power,  and  are  hereby  directed,  to  appoint  persons  to 
vacancies  occasioned  by  the  absence  of  members  from  the  State,  until  a 
quorum  shall  be  formed ;  and  it  shall  be  lawful  to  appoint  persons  who  are 
not  liable  to  road  duty  to  fill  any  vacancy  in  said  Boards. 

Commissioners      VI.  That  the  second  section  of  an  Act  entitled  "  An  Act  to  amend  an 

to  collect  fines  .  i  ■     '    *  ,-ir  •  t 

lor  default.  '  Act  to  organize  and  supply  negro  labor  for  coast  defence,  in  compliance 
with  requisitions  of  the  Government  of  the  Confederate  States/  and  to 

hireenegroes.  authorize  and  direct  the  Governor  to  proceed  to  furnish  negro  labor  under 
the  said  Act,"  passed  on  the  sixth  day  of  February,  Anno  Domini  one 
thousand  eight  hundred  and  sixty-three,  be,  and  the  same  is  hereby, 
altered  and  amended,  so  that  the  Commissioners  ■  of  Roads  be,  and  are 
hereby,  authorized  and  directed  to  collect  the  fines  imposed  for  such  default, 
in  the  manner  now  provided  by  law  for  default  in  the  performance  of  road 


OF  SOUTH  CAROLINA.  Ill 

duty,  and  to  pay  the  fine  so  collected  to  the  State  Agent,  to  he  by  him     a.d.is62'3. 
expended  in  the  hire  of  negroes  to  be  employed  on  coast  defences.  v~"~^ 

VII.  That  if   any  Commissioner  of  Roads,  or  any  Board   of  Commis-  Penalty  for  fail- 

•  •  •  mi  ure  to  comply 

sioners,  or  the  authorities  of  any  incorporate  city,  town,  or  village,  shall  with  provisions 
neglect  or  refuse  to  comply  with  the  provisions  of  this  Act,  he  or  they  shall 
suffer  for  each  and  every  default  the  same  pains  and  penalties,  and  in  the 
same  manner,  as  aro  now  prescribed  by  the  statute  law  of  this  State  for 
the  punishment  of  Commissioners  of  Roads  for  neglect  or  refusal  to  dis- 
charge the  duties  required  of  them. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord^  one 
thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  {fie  Senate. 

A.   P.  ALDRICII,  Speaker  House  of  Representatives. 


AN  ACT   to   Suppress    the    undue    Distillation   of   Spirituous    No.  -1617, 
Liquors  from  the  Cereal  Grains  of  this  State. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the   same,  That  Distilling  un- 
from  and  after  the  ratification  of  this  Act,  it  shall  be  unlawful  to  distil,  or 
cause    to   be  distilled,  or  be    concerned    in    the  distillation  of  spirituous 
liquors  from  corn,  wheat,  rye,  barley,  rice,  or  any  of  the   cereal  grains  • 
within  the  limits  of  this  State,  except   as   hereinafter  provided;  and   any  Penalty. 
person  or  persons  who  shall  distil,  or  cause  to  be  distilled,  or  be  concerned 
in  the  distillation  of  the  grains,  or  any  of  them,  aforesaid,  in  violation  of 
the  provisions  of  this  Act,  shall  be  deemed  guilty  of  a  high  misdemeanor, 
and  on  conviction  in  the  Court  of  Sessions,  in  addition  to  forfeiting  their 
stills  and  other  apparatus  used  in  the  distillation,  shall  be  imprisoned  not 
less  than  six  months  nor  more  than  two  years,  and  be  fined  in  any  sum,  in 
the  discretion  of  the  Court,  not  less  than  one  thousand  nor  more  than  five 
thousand  dollars — two  hundred  and  fifty  dollars  of  which  shall  go  to  the 
informer,  who  shall  be  a  competent  witness  to  prove  the  fact:  Provided,  Proviso. 
That  existing  contracts  made  with  the  Medical  Purveyor  of  the  Confederate 
Government  for  the  distillation  of  whiskey  or  alcohol  may  be  executed  ac- 
cording to  their  terms  :  And  j^rovided,  further,  That  the  Governor,  if  satis- 
factorily informed  that  a  supply  of  spirits,  which  cannot  be  otherwise 
obtained,  is  absolutely  necessary  for  medicinal  purposes  in  this  State,  may 


112  STATUTES  AT  LARGE 

A. D.  1832 '3.     contract  with  a  proper  number  of  responsible  and  skilled  agents,  in  any 
^"~~y"~""/    one  or  more  of  the  Districts,  to  manufacture  a  limited  quantity  of  pure 

contract  with  spirits,  at  a  limited  and  reasonable  price,  strictly  for  medicinal  purposes, 
taking  care  tbat  sucb  proper  disposition  of  the  product  is  made  as  to  secure 
its  application  alone  to  the  purposes  intended. 

Agents  to  give  II.  That  agents  thus  appointed,  before  entering  on  the  execution  of 
their  contracts,  shall  enter  into  bond,  payable  to  the  State,  in  a  sum  equal 
to  treble  the  value  of  their  contracts,  respectively,  with  two  or  more  good 
sureties,  before  the  Clerk  of  the  Court  of  the  District  in  which  they  reside, 
conditioned  that  the  spirits  to  be  manufactured  by  them  shall  be  pure,  and 
delivered  within  the  time  limited — that  they  will  distil  no  more  than  is 
mentioned  in  their  contracts;  and  that  they  will  turn  over  all  that  is  dis- 
tilled, as  directed  by  the  Governor,  which  bond,  if  forfeited,  may  be  < 
estreated  as  other  recognizances  in  the  Court  of  Sessions ;  and  shall  also 
take  and  subscribe  an  oath  before  the  Clerk  of  the  Court,  to  be  filed  in  his 
office,  that  they  will  truly  comply  with  the  terms  of  their  contract,  and  will 
distil  no  more,  nor  dispose  of  any  portion  of  that  distilled,  otherwise  than 
is  mentioned  in  their  said  contracts,  upon  which  oath,  if  violated,  perjury 
may  be  assigned  in  the  Court  of  Sessions. 

Magistrates  to       III.  That  it  shall  be  the  duty  of  the  Magistrates  of  this  State,  in  their 

forced.  respective  Districts,  to  see  that  the  provisions  of  this  Act  are  enforced;  and 

if,  from  personal  observation  or  information  on  oath,  it  shall  come  to  the 
knowledge  of  any  one  of  them  that  any  person  or  persons  are  engaged,  or 
have  been  engaged,  in  unlawful  distilling,  it  shall  be  the  duty  of  such  Magis- 
trate to  issue  his  warrant  commanding  the  arrest  of  the  party  or  parties,  and 
the  seizure  of  the  stills  and  other  apparatus  used  in  the  distillation;  the  party 
or  parties  to  be  held  to  answer  to  an  indictment  as  herein  provided,  and 
the  stills  and  other  apparatus  seized,  to  be  detained  pending  the  prosecution, 
and  on  conviction,  to  be  appropriated  to  the  public  use,  as  may  be  ordered 
by  the  Court. 

Patrol  to  report  IV.  That  every  Captain  of  patrol  shall,  in  his  regular  return  to  the 
Captain  of  the  beat,  report  any  violations  of  this  law,  and  said  Captain 
shall  immediately  report  the  fact  to  the  nearest  Magistrate,  for  action 
thereon. 

Limitation.  V.  That  this  Act  shall  continue  in  existence  for  six  months  after  a 

treaty  of  peace  with  the  United  States,  and  no  longer. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lerd  one  thousand  eight  hundred  and  sixty-two,  and  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


OF  SOUTH  CAROLINA.  ll:j 

AN  ACT  to   Suppress  the   Distillation   of   Spirituous   Liquors    a.d. iscrs. 

ix  this  State.  * v — -/ 

No.  4618. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly  and  by  the  authority  pf  the  same,  That  Distillation 
from  and  after  the  ratification  of  this  Act,  and  during  the  continuance  of 
the  existing  war  between  the  Confederate  States  and  United  States  of 
America,  the  distillation  of  spirituous  liquors  of  any  name  ur  kind,  from  any 
material  or  substance,  other  than  the  ordinary  fruits  in  their  season,  shall  be, 
and  is  hereby,  absolutely  prohibited,  eTcept  as  hereinafter  provided  j  and  aDy  penalty  for  dia- 
percon  or  persons  who  shall  distil,  or  cause  to  be  distilled,  or  be  concerned  porSlgfor^dia- 
10  the  distillation  of  any  spirituous  liquors  in  this  State,  or  who  shall  trans- 
port, or  cause  to  be  transported,  or  be  concerned  in  the  transportation  of 
any  material  or  substance  whatsoever,  other  than  the  fruits  aforesaid,  beyond 
the  limits  of  this  State,  for  the  purpose  or  with  the  knowledge  that  the 
same  is  to  be  distilled  into  spirituous  liquors,  shall  be  deemed  guilty  of  a 
high  misdemeanor,  and  on  conviction,  in  addition  to  forfeiting  their  stills 
and  other  apparatus  used  in  the  distillation  to  the  public  use,  shall  be  im- 
prisoned not  less  than  six  mouths  nor  more  than  two  years,  and  be  fined  not 
ress  than  one  thousand  nor  more  than  five  thousand  dollars,  two  hundred 
»  and  fifty  dollars  of  which  fine  shall  go  to  the  informer,  who  shall  be  a  com- 
petent witness  to  prove  the  fact. 

II.  That  his  Excellency  the  Governor,  on  being  satisfactorily  assured  Governor  may 
that  an  increased  quantity  of  spirituous  liquors,  which  cannot  be  otherwise  appointTgeuta 
procured,  is  absolutely  necessary  for  medicinal  purposes  in  this  State,  shall 

have  power  to  have  manufactured,  at  some  central  and  convenient  location, 
by  skilled  and  responsible  agents,  at  fixed  salaries  to  be  appointed  by  him- 
.self,  such  quantity  of  alcohol  or  pure  spirits  as  shall  be  deemed  requisite 
for  the  purposes  aforesaid;  and  to  make  such  rules  and  regulations  for  the 
distribution  of  the  same,  wherever  needed  throughout  the  State,  as  shall  be 
most  convenient  and  effectual  to  meet  the  public  exigency,  and  at  the  same 
time  secure  its  application,  as  far  as  is  practicable,  exclusively  to  medicinal 
purposes. 

III.  That  it  shall  not  be  lawful  for  apothecaries,  physicians,  or  other  Regulations  as 
persons  who  shall    purchase   or  procure   any  portion   of  the  alcohol  or  lies,  4c. 
spirituous  liquors  distilled  by  the  authority  aforesaid,  to  resell  or  dispose  of 

the  same,  in  any  quantity,  to  auy  person  or  persons,  for  any  other  than 
strictly  medicinal  purposes,  or  at  an  advauce  of  more  than  twenty-five  per 
centum  on  its  cost;  and  any  person  who  shall  violate  the  provisions  of  this  Penalty. 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction,  be 
imprisoned  for  any  time  not  exceeding  six  months,  and  fined  in  any  sum 
not  exceeding  five  hundred  dollars. 
15 


114  STATUTES  AT  LARGE 

A.D.i8G2'3.  IV.  That  his  Excellency  the  Governor  shall  be,  and  is  hereby,  author- 
v"~ ""> '    ized  to  employ  special  agents,  one  or  more,  and  fix  their  compensation,  for 

th°OTlzedrtoUap-  the  purpose  of  enforcing,  under  the  orders  of  the  Governor,  the  provisions 

onforctgAct.S  t0  of  this  Act ;  and  it  shall  be  the  duty  of  the  several  Sheriffs,  Deputy  Sheriffs, 
Magistrates  and  Constables  of  this  State  to  render  to  such  agents  any 
assistance  that  may  be  required  in  the  discharge  of  their  duties,  under  the 
pain  of  being  indicted  as  for  official  misconduct. 

Former  lieens-  V.  That  all  licenses  or  permits  heretofore  granted  by  the  Governor,  or 
any  other  authority,  to  any  person  or  persons  to  distil  spirituous  liquors  in 
this  State  shall  be,  and  the  same  are  hereby,  revoked  and  declared  void; 
and  all  Acts  and  parts  of  Acts  inconsistent  with  this  Act  are  hereby  re- 

Compensation  pealed :  Provided,  That  the  General  Assembly  may  make  reasonable  com- 
pensation to  persons  to  whom  the  Governor  has  heretofore  granted  licenses, 
for  any  damage  done  to  them  by  revoking  said  licenses.        v. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


eg  revoked. 


allowed. 


No.  4619.  AN  ACT  to  Prevent  and  Punish  the  Planting  and  Cultivating, 
in  this  State,  over  a  certain  quantity  or  Cotton  during  the 
present  year. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Area  to  fife  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
Fon"irnited.  during  the  war  in  which  we  are  now  engaged,  it  shall  not  be  lawful  for  any 
person  or  persons,  during  the  present  year,  whether  residing  in  this  State 
or  not,  to  plant  and  cultivate  in  this  State,  by  themselves,  their  agents  or 
employees,  or  to  allow  the  same  to  be  done,  a  greater  number  of  acres  of 
land  in  cotton  than  three  acres  of  short  staple  or  one  and  a-half  of  long 
staple,  for  each  hand  owned  or  employed  by  them  in  agriculture  between 
the  ages  of  fifteen  and  fifty-five;  and  when  said  person  or  persons  may  own 
or  employ  hands  over  fifty-five  years  of  age  and  under  sixty-five,  or 
over  twelve  years  of  age  and  under  fifteen,  two  of  said  hands  shall  be 
counted  as  one  hand  :  Provided,  That  nothing  contained  in  this  Act  shall 


OF  SOUTH  CAROLINA.  115 

be  construed  to  affect  the  right  of  any  white  person  himself  to  plant  and    a.d.1862'3. 
cultivate  cotton  according  to  the  rate  herein  prescribed.  ^■"""y^—' 

II.  That  every  violator  of  this  law  shall  be  guilty  of  a  misdemeanor,  and  Penalty  for  vio- 
upon  conviction  thereof,  shall  be  fined  the  sum  of  five  hundred  dollars  for 

each  and  every  acre  so  planted  above  the  number  specified ;  such  penalty 
to  be  paid  to  the  "  Soldiers'  Board  of  Relief"  of  the  District  where  such 
conviction  takes  place. 

III.  That  after  warrant   issued    against   any  person  or  persons,  for  a  Rule  of  survey 
violation  of  this  Act,  it  shall  be  the  duty  of  the  Clerk  of  the  Court  of  General 

Sessions  and  Common  Pleas  for  the  District  in  which  the  offence  is 
charged,  upon  the  application,  under  oath,  of  either  party,  prosecutor  or 
defendant,  to  issue  a  rule  of  survey  in  the  case,  giving  five  days'  notice 
thereof  to  the  opposite  party,  the  costs  of  such  rule  and  survey  to  be 
iaxedjn  the  bill  of  costs,  upon  the  final  adjudication  of  the  case. 

IV.  That  all  owners  of  slaves  or  employees  shall  give  in,  on  oath,  to  the  renters  to_re- 
Tax  CoHcctor,  the  number  of  hands  owned  or  employed  by  them  in  agri-  hands  to  tax 
culture,  between  the  ages  of  twelve  and  fifteen,  and  fifteen  and  fifty-five, 

and  fifty-five  and  sixty-five,  each  year  during  said  war,  under  a  penalty  of 
one  hundred  dollars  for  each  hand,  to  be  recovered  as  specified  in  the 
former  sections  of  this  Act. 

V.  That  the  Judges  of  the  Courts  of  Common  Pleas  and  General  Ses-  judges  to 
sions  be  required  to  give  this  law  specially  in  charge  to  the  Grand  Juries,  Jurieff  8' 
at  each  term  of  their  Courts,  during  said  war  with  the  Abolitionists. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


an  act  to  amend  an  act   entitled  "  an  act  to  prevent  an*   no.  4620. 
Punish  the  Planting  and  Cultivating,  in  this  State,  over  a 
certain  quantity  op  cotton  during  the  present  year. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Area  limited  to 
the  Act  entitled  "An  Act  to  prevent  and  punish  the  planting  and  culti-  hand.°reper 


116 


STATUTES  AT  LARGE 


A,D  1562 '3. 


V.'hat  hand t: 
/,-hall  he 
counted. 


Penalty  lor 
violation  of 
Act. 


Duties  of 
officers. 


Surveyor  to 
measure  land. 


rating,  in  this  State,  over  a  certain  amount  of  cotton  during  the  present 
year/'  ratified  on  (he  sixth  day  of  February,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  be,  and  the  same  is  hereby,  altered 
and  amended  so  as  to  read  as  follows,  to  ■wit:  That  until  the  first  day  of 
January  next  it  shall  not  be  lawful  for  any  person  or  persons  to  plant,  culti- 
vate, or  gather,  or  allow  the  same  to  be  done,  more  than  one  acre  of  cotton 
for  each  hand  employed  in  agriculture  by  such  person  or  persons,  between 
the  ages  of  fifteen  and  fifty-five  years;  and  where  hands  over  five-five  and 
under  sixty-five  years  of  age,  or  over  twelve  and  under  fifteen  years  of  age 
are  employed  by  any  cultivator  of  .cotton,  two  of  such  hands  shall  be 
counted  as  one:  Provided,  That  no  employee  shall  be  counted  as  a  hand, 
or  half-hand,  in  any  case,  but  such  as  are  engaged  in  agriculture :  And 
provided,  further,  That  white  persons  shall  have  the  right  to  plant  and  cul- 
tivate a  like  quantity  of  cotton,  whether  exclusively  engaged  in  agriculture 
or  not. 

II.  That  every  person  who  shall  plant,  or  be  concerned  in  planting,  cul- 
tivating, or  gathering,  during  the  present  year,  more  cotton  per  hand  than 
is  hereinbefore  specified,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  be  fined  in  the  sum  of  five  hundred  dollars  for  each  acre,  or 
fractional  part  of  an  acre,  so  planted,  cultivated  or  gathered,  above  the 
quantity  so  specified  j  one-half  of  which  shall  go  to  the  informer,  who  shall 
be  a  competent  witness  to  prove  the  fact,  and  the  other  half  to  the  "  Soldiers' 
Board  of  Relief"  of  the  District  in  which  the  conviction  shall  be  had. 

III.  That  if  it  shall  come  to  the  knowledge  of  his  Excellency  the  Gov- 
ernor, or  to  the  knowledge  of  any  of  the  Judges,  Solicitors,  Clerks  of  the 
Courts,  Magistrates,  or  other  public  officers  of  this  State,  by  personal  ob- 
servation or  information  on  oath,  that  any  person  or  persons  have  violated 
the  provisions  of  this  Act,  it  shall  be  the  duty  of  such  public  officer  to 
cause  a  warrant  to  forthwith  issue  for  the  apprehension  of  the  offender  or 
offenders,  to  the  end  that  they  may  be  held  to  answer  to  an  indictment  at 
the  next  Court  of  Sessions  of  the  District,  in  which  no  imparlance  shall  be 
allowed ;  and  after  the  issue  of  such  warrant,  it  shall  be  the  duty  of  the 
Clerk  of  the  Court  of  General  Sessions  ahd  Common  Pleas  of  the  District, 
on  the  application  of  either  prosecutor  or  defendant,  to  issue  a  rule  of 
survey  in  the  case,  directed  to  some  competent  surveyor,  giving  five  days' 
notice  to  the  opposite  party;  and  such  surveyor  is  hereby  required  to  go 
forthwith  upon  the  premises  of  the  party  or  parties  charged,  and  ascertain 
by  actual  measurement  the  quantity  of  cotton  planted,  cultivated  or  gathered 
by  such  party  or  parties,  and  make  return  thereof  to  the  Court  from  which 
the  rule  issues,  the  expenses  of  such  rule  and  survey  to  be  taxed  in  the 
bill  of  costs  on  the  final  adjudication  of  the  case. 


OF  SOUTH  CAROLINA.  117 

IV.  That  it  shall  be  the  duty  of  all  persons  who  cultivate  cotton  to  reader    A.  D.1862--3. 
in  on  oath  to  the  Tax  Collector  of  the  District  in  which  they  reside  the    *■— ~v~— ' 
number  of  hands  owned  or  employed  by  them  in  agriculture,  between  the  planters. 
ages  of  twelve  and  fifteen,  fifteen  and  fifty-five,  and  fifty-five  and  sixty-five, 

during  the  present  year,  under  a  penalty  of  one  hundred  dollars  for  each 
hand  omitted  to  be  returned  to  the  Tax  Collector,  to  be  recovered  as 
specified  in  the  former  section  of  this  Act;  which  returns  the  Tax  Collectors 
are  hereby  required  to  receive. 

V.  That  it  shall   be  the  duty  of  the  Judges  of  the  Courts   of  General  Duty  of  Judges 
Sessions  to  give  this  Act  specially  in  charge  to  the  Grand  Juries  at  each 

term  of  said  Courts,  during  the  present  year. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh  year 
of  the  sovereignty  and  independence  of  the  Stale  of  South  Carolina. 

W.  D.   PORTER,  President  of  the  Senate. 

A.  F.   ALDRICH,   Speaker  House  of  Representatives. 


AN  ACT  to  provide  Against  Dearths  of  Salt.  No.  4621. 

I.  Be  it  enaeted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Governor  em- 
the  Governor  shall  be,  and  he  is  hereby,  empowered  to  contract,  in  behalf  ?mc t J efo r °  p ur- 
of  the  State,  for  the  purchase  of  salt,  whereof  not  more  than  twenty  thou-  c  a"e  °  SR 
Band  bushels  shall  be'*deliverable  in  each  and  every  year,  for  the  term  of 
twenty  years  from  and  after  the  passing  of  this  Act,  at  any  price  not  ex- 
ceeding fifty  cents  per  bushel :  Provided,  That  the  salt  so  to  be  purchased 
shall  be  made  within  the  State,  by  solar   evaporation :  And  provided,  also, 
That  no  such  contract  shall  be  made  for  the  purchase  of  more  than  five 
thousand  bushels  of  salt  annually  from  one  and  the  same  person,  partner- 
ship or  corporation,  or  of  more  than  five  thousand  bushels  annually  of  the 
produce  of  any  one  establishment  for  the  making  of  salt:  And  provided,  . 
further,  That  the  said  salt  shall  be  delivered  in  Charleston  or  Columbia,  at 
the  option  of  the  seller. 

II.  It  shall  be  lawful  for  the  Governor  to  dispense  with  the  delivery  of  Delivery  of  salt 
salt  under  any  such  contract  as  aforesaid,  whenever,  and  so  long,  as  the 

current  price  of  salt  in  Charleston  shall  be  above  fifty  cents  per  bushel; 
and  a  stipulation  to  that  effect  may  be  inserted  in  the  contract. 


118  STATUTES  AT  LARGE 

a.d.1862'3.         III.  There  shall  be  constructed,  or  otherwise  procured,  for  the  use  of 
^""""y    "^     the  State,  two  public  magazines,  or  store-houses,  for  the  storing  and  safe 

provided.  keeping  of  salt,  each  capable  of  containing  at  least  one  hundred  thousand 

bushels,  one  of  which  shall  be  located  in  or  near  the  city  of  Charleston, 
and  the  other  in  or  near  the  city  of  Columbia;  and  for  the  purpose  of  pur- 
chasing such  magazines  or  store-houses,  or  of  purchasing  proper  sites  and 
erecting  suitable  buildings  for  the  same,  the  sum  of  twenty  thousand  dollars 
is  hereby  appropriated. 

commissioners       IV.  The  Governor  shall  appoint  three  Commissioners  for  Charleston,  and 

their  duties.  three  Commissioners  for  Columbia,  who  shall  be  styled,  respectively,  "  Com- 
missioners of  the  Charleston  Salt  Magazine  "  and  "  Commissioners  of  the 
Columbia  Salt  Magazine."  And  the  said  Commissioners  shall  hold  their 
offices  for  the  term  of  four  years  from  the  time  of  their  appointment,  and 
until  a  new  appointment  shall  be  made;  and  it  shall  be  their  duty  to  direct 
and  superintend  the  purchase  or  construction  of  the  magazines  for  which 
they  are  respectively  appointed,  and  for  that  purpose  they  shall  be  author- 
ized to  draw  the  money  hereinbefore  appropriated,  as  the  same  may  be  from 
time  to  time  required.  It  shall  also  be  the  duty  of  the  said  Commissioners 
and  their  successors  to  receive  such  salt  as  may  be  delivered  under  any  con- 
tract made  in  behalf  of  the  State  for  the  purchase  of  salt,  in  pursuance  of 
the  provisions  of  this  Act,  and  to  cause  the  same  to  be  stored  and  safely 
kept  in  public  magazines  to  be  provided  therefor;  and  for  that  purpose 
they  shall  be  authorized  to  employ  proper  persons  under  them,  at  such 
reasonable  compensation  as  may  be  fixed  by  them,  with  the  approbation  of 
the  Governor,  subject  always,  however,  to  the  revision  and  control  of  the 
Legislature. 

•commissioners  V.  In  case  any  salt  shall  be  delivered  in  pursuance  of  any  such  contract 
as  aforesaid,  before  the  said  public  magazines,  or  either  of  them,  shall  be 
ready  to  receive  the  same,  the  said  Commissioners  shall  be  authorized  to 
sell  such  salt  at  the  highest  price  that  can  be  obtained  therefor;  and  when- 
ever the  said  magazines  shall  be  full,  the  Commissioners  shall  also  be  author- 
ized, in  the  same  manner,  to  sell  such  salt  as  may  be  delivered  under  any 
such  contract. 

Limitation  of  VI.  Whenever  the  current  price  of  salt  at  Charleston  or  Columbia  shall 
be  above  two  and  a-half  dollars  per  bushel,  the  said  Commissioners  shall 
sell  to  the  citizens  of  this  State  such  salt  as  may  then  be  stored  in  the  said 
magazines,  at  the  price  of  two  and  a-half  dollars  per  bushel,  under  such 
regulations,  to  be  established  by  the  Commissioners,  with  the  concurrence 
and  approval  of  the  Governor,  as  may  secure  to  the  people  of  every  part  of 
the  State  a  fair  and  equal  participation  in  the  benefit  of  such  sales,  and 
prevent  the  said  salt  from  being  purchased  for  re-sale  or  speculation,  or  ex- 
portation from  the  State. 


to  sell  salt. 


price. 


OF  SOUTH  CAROLINA.  119 

VII.  The  construction  of  the  said  magaziues  shall  not  be  commenced,    a.d.1862'3. 
nor  shall  any  land  or  building  for  the  same  be  purchased,  before  the  expi-    >s""    v       ' 

J  °  .      .        .  When  to  com- 

ration  of  one  year  from  the  passing  of  this  Act.  mence. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.   PORTER,  President  of  (he  Senate. 

A.   P.  ALDRICH,  Speaker  House  of  Representatives. 


AN   ACT   TO   INCORPORATE   CERTAIN    RELIGIOUS   AND    ClIARITAREE    So-     No.  4622. 
CIET1ES,    AND    TO    RENEW    AND    AMEND    THE    CHARTERS     OP    OTHERS, 
HERETOFORE    GRANTED. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  Xhfrt.  chesnut Ridge 
Dowens  Barksdale,  J.  M.  Pranks,  and  Ambrose  Martin,  Trustees  of  the  ip 's 
Chesnut  Ridge  Baptist  Church,  in  Laurens  District,  and  their  successors 
in  the  said  office,  appointed  from  time  to  time,  in  conformity  with  the  rules 
and  discipline  of  the  said  Church,  be,  and  they  are  hereby,  created  a  body 
politic  and  corporate,  by  the  name  of  "  The  Trustees  of  the  Chesnut  Ridge 
Baptist  Church  of  Laurens  District,"  for  the  period  of  twenty-one  years 
from  the  ratification  of  this  Act;  and  shall  have  power  to  have  and  use  a 
common  seal,  to  sue  and  be  sued,  plead  and  be  impleaded,  in  any  Court  of 
this  State;  to  make  all  by-laws  necessary  and  proper  for  the  purposes  of  said 
corporation,  not  repugnant  to  the  laws  of  this  State;  to  hold  and  enjoy  real 
estate,  and  the  same  or  any  part  thereof  to  alien,  encumber,  lease,  or  other- 
wise by  deed  dispose  of  at  will,  and  in  general  to  exercise  and  enjoy  all  the 
powers  and  privileges  incident  to  such  like  corporations. 

II.  That  P.  A.  McMichael,  D.  S.  Tyler,  and  B.  Williamson,  Trustees  of  Orangeburg 

,  -r*      ..   .    m         %     •      r\  i  -n  >>         i    ,1     •  Baptist  Church. 

the  "  Orangeburg  Baptist  Church,  in  Orangeburg  village,  and  their  suc- 
cessors in  the  said  office,  appointed  from  time  to  time,  in  conformity  with 
the  rules  and  discipline  of  the  said  Church,  be,  and  they  are  hereby,  created 
a  body  politic  and  corporate,  by  the  name  of  the  "  Trustees  of  the  Orange- 
burg Baptist  Church,"  in  the  village  of  Orangeburg,  for  the  period  of 
twenty-one  years  from  the  ratification  of  this  Act,  and  shall  have  power  to 
have  and  use  a  common  seal ;  to  sue  and  be  sued,  plead  and  be  impleaded, 


120  STATUTES  AT  LARGE 

A.D.i8C2'3.    in  any  Court  of  this  State;  to  make  all  by-laws  necessary  and  proper  for  the 

Y  "_      purposes  of  said  corporation,  not  repugnant  to  the  laws  of  this  State;  to  hold 

and  enjoy  real  estate,  and  the  same  or  any  part  thereof  to  alien,  encumber, 

lease,  or  otherwise  by  deed  dispose  of  at  will,  and  in  general  to  exercise 

and  enjoy  all  the  powers  and  privileges  incident  to  such  like  corporations. 

Little  Generos-       III.  That  the  charter  heretofore  granted  to   the   u  Associate  Reformed 

tee  Presbyte-  .  ° 

riau  Church.  Presbyterian  Church  of  Little  Crenerostee,"  Anderson  District,  be,  and  the 
same  is  hereby,  renewed,  and  extended  for  a  period  of  twenty-one  years  from 
the  day  on  which  the  said  charter,  according  to  its  present  limitation,  will 
expire,  and  with  all  the  rights,  powers,  privileges  and  immunities  heretofore 
granted  to  said  corporation. 

Moriah  Baptist       IV.  That  P.  T.  Hammond,  Moderator,  and  John  S.  Croxton,  Clerk,  of 

Church.  .  m  .  ...  7  ' 

the  Moriah  Baptist  Association,  of  Lancaster  District,  and  their  successors 
in  office,  be,  and  they  are  hereby  declared  to  be,  a  body  politic  and  corpo- 
rate, by  the  name  and  style  of  the  "  Moriah  Baptist  Association,  in  Lancas- 
ter District,"  for  the  period  of  twenty-one  years  from  the  ratification  of  this 
Act;  and  shall  have  power  to  have  and  use  a  common  seal,  to  sue  and  be 
sued,  plead  and  be  impleaded,  in  any  Court  of  this  State;  to  make  all  by- 
laws necessary  and  proper  for  the  purposes  of  said  corporation,  not  repugnant 
to  the  laws  of  this  State;  to  hold  and  enjoy  real  and  personal  estate,  and  to 
sell,  alien,  or  transfer  the  same,  or  any  part  thereof:  Provided,  The  said 
amount  of  property  so  held  shall  at  no  time  exceed  thirty  thousand  dollars. 

Erskine  Theo-       V.  That  J.  J.  Bonner,  H.   T.   Sloan,  J.  N.  Young,  E.  L.  Patton,  J. 

logical  sem-      Boy^  j  L   ^^  R  w  Presg]^  R   L  Murphyj  T  B   Chalmers,  J.  P. 

Kennedy,  P.  H.  Bradley,  R.  C.  Sharp,  and  their  successors  in  office,  be,  and 
they  are  hereby  declared,  a  body  politic  and  corporate,  by  the  name  and 
style  of  the  u  Erskine  Theological  Seminary,"  with  all  the  rights,  powers 
and  privileges  incident  to  bodies  politic  and  corporate;  to  hold  real  and 
personal  property,  not  exceeding  two  hundred  thousand  dollars ;  to  elect 
their  officers,  and  to  fill  all  vacancies  in  their  own  body;  to  take  control 
and  manage  the  funds  of  the  said  institution,  and  to  discharge  all  the  duties 
pertaining  to  the  same ;  and  that  the  said  "  Erskine  Theological  Seminary," 
with  its  Professors,  its  property,  its  Board  of  Trustees,  and  all  its  interests, 
be,  and  the  same  are  hereby,  placed  under  the  management  of  the  "  Asso- 
ciate Reformed  Synod  of  the  South." 
Associate  Re-         VI.  That  the  officers  and  members  of  the  Associate  Reformed  Church 

formed  Church, 

of  Yorkviiie.  at  Yorkville,  be,  and  they  are  hereby,  created  and  constituted  a  body  politic 
and  corporate,  by  the  name  and  style  of  the  "Associate  Reformed  Church 
of  Yorkville,"  with  all  the  rights,  powers  and  privileges  incident  to  such 
corporations ;  and  the  said  corporation  shall  have  power  to  retain,  possess 
and  enjoy,  and  the  same  to  alien  at  will,  all  such  property  as  said  Church 
now  possesses,  or  is  entitled  to,  or  which  shall  hereafter  be  given,  granted, 


OP  SOUTH  CAROLINA.  121 

bequeathed  to,  or  in  any  manner  acquired  by  it:  Provided,  Tbat  said  prop-     A.D.1862'3. 
erty  shall  not  at  any  time  exceed  in  value  tbe  sum  of  twenty  thousand  Y 

dollars. 

VII.  That  Dr.  Peter  Moon,  F.  B.  Hi<rgins,  R.  Stewart,  A.  C.  Garlington,  Rosemonte 

*  pd       >  )  ,,        Cemetery  As- 

Simeon  Pair,  and  their  associates  and  successors,  be,  and  they  are  hereby,  sooiatiou. 
made  a  body  politic  and  corporate  in  law,  under  the  name  and  style  of  the 
"Rosemonte  Cemetery  Association,"  and  by  that  name  shall  be  able  and 
capable  in  law  to  have  and  use  a  common  seal,  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  in  any  Court  of  Law  or  Equity,  with  the  other  powers 
usually  incident  to  other  corporations;  and  shall  have  power  to  purchase, 
have,  hold,  and  to  enjoy,  to  them  and  their  successors,  such  tract  or  tracts  of 
land,  in  the  neighborhood  of  the  town  of  Newberry,  not  exceeding  twenty 
acres,  as  they  may  select  for  the  purpose  of  a  Cemetery:  Provided,  That 
the  lands  so  purchased  shall  not  be  more  than  two  miles  distant  from  the 
said  town,  and  shall  be  used  exclusively  as  a  place  of  burial  for  the  dead, 
and  that  deeds  aud  plats  thereof  shall  be  recorded  in  the  office  of  the  Regis- 
ter of  Mesne  Conveyances  for  Newberry  District  within  three  months  after 
the  execution  of  the  said  deed  or  deeds. 

VIII.  That  the  persons  named  above  shall  be  the  first  Board  of  "Directors  Powers  of 

..  iiiii  i        Board  of  Di- 

of  the  said  Rosemonte  Cemetery  Association,  and  shall  have  power  to  lay  rectors, 
out  and  ornament  the  grounds,  to  erect  all  buildings  and  fixtures  necessary 
for  carrying  into  effect  the  purposes  of  this  Act,  to  dispose  of  and  arrange 
burial  lots,  and  to  make  such  by-laws,  rules  and  regulations,  relative  to  the 
election  of  Directors,  and  their  successors,  and  the  appointment  of  suitable 
officers  and  agents,  and  also  such  rules  and  regulations  for  the  government 
of  lot-holders  and  visitors  to  the  Cemetery,  and  for  the  management  of  the 
affairs  of  the  Association  generally,  as  from  time  to  time  they  may  deem 
necessary;  that  the  said  Rosemonte  Cemetery  Association  shall  be  able  and 
capable  in  law  to  sell  and  dispose  of  the  abovementioned  land  for  burial 
lots,  and  also  to  have  and  hold  so  much  personal  estate,  and  no  more,  as 
may  be  necessary  for  the  purposes  of  this  incorporation  :  Provided,  That 
said  land,  selected  for  a  Cemetery,  shall  never  be  granted  but  for  burial 
lots,  and  that  the  lots  so  granted  shall  be  held  by  the  proprietors  for  the 
purpose  of  sepulture  alone. 

IX.  That  no  streets  or  roads  shall  hereafter  be  opened  through  the  lands  No  streets  to  be 

i  i  i»ii  n     i  •  •  opened. 

so  appropriated,  except  by  and  with  the  consent  of  this  corporation. 

X.  That  any  person  who  shall  wilfully  destroy,  mutilate,  deface  or  injure,  Penalty  for  mu- 
or  remove  any  tomb,  monument,  grave-stone  or  other  structure  placed  in  struction  of 
the  Cemetery  aforesaid,  or  any  fence,  railing  or  other  works  for  the  protec- 
tion or  ornament  of  any  tomb,  monument  or  grave-stone,  or  other  structure 
aforesaid,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall,  on  conviction 

thereof  before  any  Court  of  General  Sessions,  be  punished  by  a  fine,  at  the 
16 


122  STATUTES  AT  LARGE 

A.D.1S62'3,     discretion  of  the   presiding  justice,  according  to   the   aggravation  of  the 

' » '     offence,  of  not  less  than  five  or  more  than  fifty  dollars. 

Members  indi-       XL  That  the  members  of  said  corporatiorrshall  be  jointly  and  severally 
fordeb"L      '    liable  for  all  debts  and  contracts  made  by  the  said  corporation  during  the 

period  of  their  membership. 
Exemption.  XII.  That  the  said  Cemetery  grounds  shall  be  exempt  from  taxation, 

and  also  from  levy  and  sale  under  execution, 
it.  w.  Southern      XIII.  That  the  Right  "Worthy  Southern  Grand  Lodge  of  the  Indepen- 
L  6.  o.  F.  °       dent  Order  of  Odd  Fellows  of  the  State  of  South  Carolina  be,  aud  the  same 

is  hereby,  created  and  constituted  a  body  politic  and  corporate,  by  the  name 

and  style  aforesaid,  with  all  the  powers  and  privileges  incident  to  such 

corporations. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4623.  AN  ACT  to  provide  for  the  payment  by  the  State  of  such  War 
Tax  as  may  be  imposed  by  the  Congress  of  the  Confederate 
States  during  the  year  one  thousand  eight  hundred  and  sixty- 
three,  AND  FOR  THE  COLLECTION  OF  THE  SAME  FROM  THE  TAX-PAYERS 

in  this  State. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  now  met 
President  of     and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
Treasurer  of     upon  the  imposition  of  a  war   tax   during  the  year   one  thousand  eight 
to  pay  tax!1S1°n  hundred  and  sixty-three,  by  the  Congress  of  the  Confederate  States,  and 
when  the  Chief  Collector  of  the  Confederate  States  for  South  Carolina  shall 
have  completed  the  assessment  and  tax  returns  in  this  State,  and  the  sum 
total  of  the  said  war  tax  payable  by  the  people  of  the  State  shall  be  made 
known,  it  shall  be  the  duty  of  the  Treasurer  of  the  Lower  Division  and  the 
President  of  the  Bank  of  the  State  of  South  Carolina  to  deduct  from  the 
total  of  the  tax  as  aforesaid  such  per  centum,  if  any  is  allowed,  as  is  pro- 
vided by  the  Act  of  the  Congress  of  the  Confederate  States  imposing  such 
war  tax,  and  to  pay  the  amount  of  the  residue  thus  ascertained  into  the 


OF  SOUTH  CAROLINA.  123 

Treasury  of  the  Confederate  States,  in  such  manner  as  the  Secretary  of  the     AtD.  isg2 "3. 
Treasury  of  the  Confederate  States  may  direct,  on  or  immediately  before     ^-~~>       ' 
such  day  as  may  be  fixed  by  such  Act  of  the  Congress  of  the  Confederate 
States,  or  appointed  by  authority  of  the  Confederate  States,  for  the  payment 
of  such  war  tax. 

II.  That  to  provide  the  funds  to  pay  the  tax  as  aforesaid,  the  Treasurer  To  borrow 
of  the  Lower  Division  and  the  President  of  the  Bank  of  the  State  of  South 
Carolina  are  hereby  authorized  and  directed  to  borrow  an  amount  of  money 

equal  to  the  net  sum  of  the  said  tax,  and  to  pledge  the  faith  and  funds  of 
the  State  of  South  Carolina  foe  the  payment  of  the  said  loan  and  the 
interest  to  accrue  thereon,  and  jointly  to  sign,  on  behalf  of  the  State,  the 
contracts  made  for  the  said  loan. 

III.  That  it  shall  be  the  duty  of  the  Treasurer  of  the  Lower  Division  To  procure  rmd 
and  the  President  of  the  Bank  of  the  State  of  South  Carolina,  on  making  books. 
payment  of  the  tax  as  aforesaid,  to  procure  from  the  Chief  Collector  of 

the  Confederate  Stages  the  books  containing  the  tax  returns  for  the  said 
war  tax  of  all  the  tax  districts  in  South  Carolina,  and  to  distribute  and 
deliver  the  same  to  the  several  Tax  Collectors  of  this  State,  within  five 
days  after  the  receipt  of  the  same. 

IV.  That  each  Tax  Collector  of  this  State  shall  execute  his  bond,  with  Tax  Collectors 

to  give  bond, 
three  good  sureties,  to  be  approved  aud  deposited  as  bonds  of  Tax  Collec- 
tors are  now  required  by  law,  in  a  sum  equal  to  the  amount  of  the  general 
tax  for  his  collection  district  for  the  year  one  thousand  eight  hundred  and 
sixty-two,  which  said  bonds  shall  be  executed  and  deposited  with  the  proper 
officer  on  or  before  the  first  day  of  April  next.     And  in  case  any  Tax  Col-  On  failure  to 

give  bond. 

lector  shall  fail  to  execute  his  bond,  in  manner  aforesaid,  by  the  time  afore-  Governor  mnv 

.*      ,      „  •     i         i  i  •  •  /-in  appoint  Collec- 

said,  the  Governor  is  hereby  authorized  and  required  to  appoint  a  Collector  tor. 
in  the  place  of  the  Tax  Collector  so  making  defiult;  and  the  person  so 
appointed  shall  execute  his  bond  in  three  times  the  amount  of  the  general 
tax  of  his  collection  district  for  the  year  last  preceding  his  appoiutment, 
with  three  good  sureties,  to  be  approved  and  lodged  in  the  proper  office, 
as  now  required  by  law  of  Tax  Collectors,  within  two  weeks  after  the  date 
of  his  appointment,  and  before  he  enters,  upon  the  duties  of  his  office. 

V.  That  it  shall  be  the  duty  of  the  Tax  Collectors  to  open  their  books  to  When  books  to 

r  i  ii  *>e  opened. 

receive  payment  ot  the  said  war  tax  on  a  day  not  later  than  twenty-five 
days  after  the  delivery  to  the  said  Tax  Collectors  of  the  said  tax  returns, 
and  which  shall  be  uniform  throughout  the  State,  and  to  keep  them  open 
for  the  period  of  thirty  days,  and  to  give  notice  of  the  same  in  the  same 
manner  as  in  the  collection  of  the  taxes  of  the  State.  And  all  tax-payers  Deduction 
who  shall  make  payment  on  or  before  the  then  closing  of  the  said  books, 
shall  be  entitled  to  a  deduction  of  one-half  of  the  per  centum,  if  any, 
allowed  by  the  Act  of  the  Congress  of  the  Confederate  States,  from  the 


134  STATUTES  AT  LARGE 

A.D.i8G2'3.  amount  of  their  tax;  and  the  Tax  Collectors  are  hereby  authorized  and 
Y  required  to  make  the  said  abatement. 

Books  to  be  re-  VI.  That  it  shall  be  the  duty  of  the  Tax  Collectors  to  reopen  their  books 
on  a  day  not  later  than  one  hundred  and  fifteen  days  after  the  delivery  to 
the  said  Tax  Collectors  of  the  said  tax  returns,  and  which  shall  be  uniform 
throughout  the  State,  and  keep  them  open  for  the  period  of  thirty  days, 
giving  the  same  public  notice  as  before,  to  receive  the  taxes  of  such  per- 
sons as  may  not  have  paid  during  the  time  when  the  books  first  were  open  : 
Provided,  That  no  abatement  shall  be  made  of  the  full  sum  assessed  of  the 
taxes  to  be  paid  during  the  second  opening  of  the  books,  as  herein  provided. 

Tax  collected        VII.  That  the  tax  to  be  levied  and  collected  as  aforesaid  shall  be  the 

to  be  in  lieu  of  .  .      ,,        •   „  .  . 

Confederate  same  in  amount,  and  in  lieu  ot  any  war  tax  which  may  be  imposed  during 
the  year  one  thousand  eight  hundred  and  sixth-three,  by  any  Act  of  the 
Congress  of  the  Confederate  States;  and  the  Tax  Collectors  shall  collect  the 
same  in  conformity  with  the  returns  and  amounts  set  forth  in  the  books  of 
the  Tax  Collectors  of  the  Confederate  States,  furnished  them  by  the  Treas- 
urer of  the  Lower  Division  and  the  President  of  the  Bank  of  the  State  of 

if  in  form  of      South  Carolina,  as  hereinbefore  provided  :  Provided,  That  in  case  the  said 

proceedings  to  tax  shall  be  imposed  in  the  form  of  a  quota  upon  the  States  of  the  Con- 
federacy, or  in  any  manner  otherwise  than  upon  the  property  of  the  tax- 
payers, then  it  shall  be  the  duty  of  the  Governor,  together  with  the  Treas- 
urer of  the  Lower  Division  and  the  President  of  the  Bank  of  the  State  of 
South  Carolina  to  fix  such  rate  of  taxation  upon  all  species  of  property 
specified  in  the  Act  of  the  Congress  of  the  Confederate  States,  entitled 
"  An  Act  to  authorize  the  issue  of  treasury  notes,  and  to  provide  a  war 
tax  for  their  redemption/7  approved  the  nineteenth  day  of  August,  one 
thousand  eight  hundred  and  sixty-one,  as  shall  be  sufficient  to  meet  the 
war  tax  so  imposed ;  and  upon  the  fixing  of  such  rate  of  taxation  it  shall 
be  the  duty  of  the  Governor  to  issue  a  proclamation,  giving  notice  of  the 
species  of  property  liable  to  taxation,  and  of  the  rate  of  taxation  to  be  levied 

Duties  of  Tax    thereupon;  and  it  shall  then  become  the  duty  of  the  said  Tax  Collectors,  on 

Collectors  ,  ,  •,  -«  i  ,\i :     .  n 

under  procia-     a  day  not  later  than  twenty-five  days  after  the  publication  of  the  said  proc- 

emor.  lamation,  which  day  shall  be  uniform  throughout  the  State,  and  of  which 

notice  shall  be  given  as  for  the  collection  of  the  general  tax,  to  open  their 
books  to  receive  returns  from  the  tax-payers  of  this  State7  and  to  keep  the 
same  open  for  a  period  of  thirty-days;  and  it  shall  then  become  the  duty  of 
the  said  Tax  Collectors,  respectively,  to  assess  the  value  of  the  property  so 
returned,  upon  the  same  basis  and  principles  as  under  the  aforesaid  Act  of 
Congress,  .and  it  shall  be  the  further  duty  of  the  said  Tax  Collectors  to  re- 
open their  books,  on  a  day  not  later  than  thirty  days  after  the  closing  of  the 
same  for  returns,  which  day  shall  be  uniform  throughout  the  State,  and  of 
which  notice  shall  be  given  as  aforesaid,  for  the  reception  of  the  tax  so 


*•  OF  SOUTH  CAROLINA.  125 

assessed,  and  to  keep  the  same  open  for  a  period  of  sixty  days:  Provided,  A. D.iS62'3. 
also,  That  in  case  the  above  proviso  shall  become  operative,  then  the  fifth  's^~r™^' 
and  sixth  sections  of  this  Act  shall  become  and  be  inoperative. 

VIII.  That  the  compensation  to  be  allowed  to  Tax  Collectors  for  the  Compensation 
collection  of  the  tax  aforesaid,  and  the  discharge  of  all  the  duties  pre-  tors?*  °llec' 
scribed  in  this  Act,  shall  be  as  follows,  to  wit:  Two  per  centum  on  the  first 

ten  thousand  dollars  of  the  sums  collected,  and  one-half  of  one  per  centum 
on  the  remainder  of  the  same  :  Provided  t  That  in  no  case  shall  the  compen- 
sation be  less  than  three  hundred  dollars,  nor  more  than  eight  hundred 
dollars :  And  provided,  That  the  compensation  of  the  Tax  Collector  for  the 
Parishes  of  St.  Philip's  and  St.  Michael's  shall  be  two  thousand  five  hun- 
dred dollars. 

IX.  That  returns  shall  be  made  as  usual  by  the  Tax  Collectors  to  the  Returns  of  Tax 
Treasurer  of  the  Upper  Division,  and  the  Treasurer  of  the  Lower  Division,  Collectors- 
within  thirty  days  after  the  respective  periods  in  this  Act  mentioned  for 

the  closing  of  the  books,  and  the  moneys  collected  paid  into  the  Treasury 
within  the  same  time. 

X.  That  the  Treasurer  of  the  Lower  Division   and  the  President  of  the  Moneys  re- 
Bank  of  the  State  of  South  Carolina  are  hereby  authorized  to  draw  from  ptop^atedT  ap" 
the  Treasury  of  the  State  all  sums  deposited  therein  as  the  produce  of  the 

war  tax  aforesaid,  and  apply  the  same,  as  it  may  be  paid  in,  to  the  gradual 
reduction  and  final  extinguishment  of  the  loan  made  by  them,  both  of  the 
principal  and  interest  thereou :  Provided,  however,  That  no  more  of  the 
said  moneys  shall  be  drawn  than  is  necessary  to  discharge  the  principal  and 
interest  of  the  debt. 

XL  That  all  existing  penalties  and  forfeitures  imposed  by  law,  and  all  Penalties  and 
other  provisions  made  by  law  lor  the  enforcement  of  the  collection  of  State 
taxes,  are  hereby  adopted  and  applied  to  the  collection  of  taxes  under  this 
Act,  and  the  said  taxes  shall  be  payable  in  the  medium  provided  by  law  for 
the  payment  of  State  taxes. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-throe,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICII,   Speaker  House  of  Representatives. 


forfeitures. 


126 


STATUTES  AT  LARGE 


A.  D.  1862*3.      AN   ACT    TO  AMEND   AN    ACT   ENTITLED  "AN  ACT  TO  PROVIDE   FOR  THE 
^"*~V         '  PAYMENT    BY    THE    STATE    OF    THE  WAR    TAX    OF    THE    CONFEDERATE 

JNo.  4b-4.       States,  and  for  the  collection  of  the  same  from  the  Tax- 
payers in  this  State." 


Part  of  Act  of 
1S61  amended. 


Certain  Par- 
ishes exempt 
from  taxation, 


Governor  to 
appoint  Com- 
missioners. 


Taxes  to  be  re^ 
funded  in  cer- 
tain cases. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  tbe  authority  of  the  same,  That 
the  fifth,  sixth  and  seventh  sections  of  an  Act  entitled  "  An  Act  to  provide 
for  the  payment  by  the  State  of  the  war  tax  of  the  Confederate  States, 
and  for  the  collection  of  the  same  from  the  tax-payers  in  this  State,"  rati- 
fied on  the  twenty-first  day  of  December,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  sixty-one,  be,  and  the  same  are  hereby,  amended  so 
as  to  exclude  the  Tax  Collectors  and  Sheriffs  of  this  State  from  the  collec- 
tion of  the  war  tax  of  the  Confederate  States  from  the  tax-payers  in  the 
several  Parishes  and  parts  of  Parishes  hereinafter  mentioned  and  estab- 
lished. 

II.  That  the  Tax  Collectors  of  this  State  be  excluded  from  collecting  any 
war  tax  from  the  tax-payers  in  this  State  in  the  Parishes  of  St.  John's, 
Colleton,  St.  Helena,  and  Prince  George,  Winyaw;  that  the  Treasurer  of 
the  Lower  Division  be  required,  upon  the  production  and  surrender  of  the 
Tax  Collectors'  receipts,  to  refund  to  such  tax-payers  of  the  said  Parishes  as 
may  have  paid  the  war  tax,  the  amounts  severally  paid  by  them. 

III.  That  there  shall  be  appointed,  by  his  Excellency  the  Governor,  one 
Commissioner  in  each  of  the  following  Parishes,  to  wit:  St.  Peter's,  Prince 
William's,  St.  Bartholomew's,  St.  Andrew's,  St.  Luke's,  St.  James',  Santee, 
and  All  Saints;  and  each  Commissioner  shall  forthwith  inquire  and  ascer- 
tain what  portions  of  the  Parish  for  which  he  has  been  appointed  are  in  the 
possession  of  the  enemy,  or  abandoned  by  orders  from  the  Confederate  offi- 
cer within  whose  military  District  the  said  Parishes  may  be  severally 
located;  and  upon  such  examination,  such  Commissioner  shall  report  in 
writing  to  the  President  of  the  Bank  of  the  State  of  South  Carolina,  and  to 
the  Treasurer  of  the  Lower  Division,  what  portion  of  each  of  said  Parishes 
should  be  freed  from  the  enforcement  of  the  war  tax  of  the  Confederate 
States  by  reason  of  such  possession  or  abandonment,  designating  in  such 
report  the  names  of  tax-payers  who  are  to  be  freed  from  such  taxation. 

IV.  That  upon  the  reports  so  made  by  the  Commissioners,  there  shall  be 
refunded  from  the  Treasury  of  this  State  to  the  tax-payers  residing  within 
such  portions  of  the  said  Parishes  of  St.  Andrew's,  St.  James',  Santee,  All 
Saints,  and  St.  Luke's,  the  war  tax  paid  by  such  tax-payer,  upon  the  pro- 
duction by  the  tax-payer  of  evidence  satisfactory  to  the  Treasurer  of  the 
Lower  Division  of  the  payment  of  said  war  tax,  and  the  President  ofthe 
Bank  of  the  State  and  the  Treasurer  of  the  Lower  Divison  shall  adopt  the 


OF  SOUTH  CAROLINA.  127 

proper  measures  to  obtain  for  the  tax-payers  of  the  Parishes  of  St.  Peter's,     A.D.iS62'3. 
St.  Bartholomew's  and  Prince  William's  the  benefits  of  the  Act  of  Con-    ^    v 
gress  entitled  "  An  Act  to  regulate  the  collection  of  the  war  tax  in  certain 
States  invaded  by  the  enemy,"  and  upon  the  assent  thereto  being  obtained 
from  the  President  of  the  Confederate  States,  a  similar  refund  shall  be  made 
to  the  tax-payers  of  the  said  last-named  Parishes. 

V.  That  the  President  of  the  Bank  of  the  State  of  South  Carolina  and  Amounts  re- 

t  t,.    .   .  ~  „  funded  to  be 

the  Treasurer  of  the  Lower  Division  shall,  in   the  final  settlement  of  the  deducted. 
war  tax  of  the  Confederate  States,  deduct  therefrom  all  such  sums  as  may 
be  ordered  to  be  refunded  under  the  provisions  of  this  Act,  and  also  of  all 
such  sums  as  shall  be  ordered  to  be  refunded  by  the  General  Assembly  in 
consequence  of  double  war  taxes,  or  war  taxes  incorrectly  levied. 

VI.  That  the  Tax   Collectors  in  the  said   Parishes,  designated  in  the  Persons  nol  re- 
fourth  section  of  this  Act,  shall  proceed  to  the  collection  of  the  war  tax  in  tax. 

their  several  Parishes  from  all  persons  who  have  not  heretofore  paid  the 
same,  and  whose  names  do  not  appear  in  the  reports  of  the  several  com- 
missioners appointed  under  this  Act  as  being  entitled  to  exemption,  and 
upon  default  of  payment,  shall  proceed  to  enforce  the  payment  in  the  man- 
ner provided  by  law. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina.  •» 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Hejjresentatives. 


AN    ACT   TO  REPEAL  AN  ACT   ENTITLED  "  An  ACT  TO  PROVIDE  FOR  THE     No.  4625. 

payment  by  the  state  op  such  war  tax  as  may  be  imposed  by 
the  Congress  of  the  Confederate  States  during  the  year  one 
thousand  eight  hundred  and  sixty-three,  and  for  the  collec- 
tion of  the  same  from  the  tax-payers  in  this  state." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  an  Act  repealed. 
Act  entitled  "  An  Act  to  provide  for  the  payment  by  the  State  of  such 
War  Tax  as  may  be  imposed  hy  the  Congress  of  the  Confederate  States 


128  STATUTES  AT  LARGE 

A. D.  1862 '3.  during  the  year  one  thousand  eight  hundred  and  sixty-three,  and  for  the 
collection  of  the  same  from  the  tax-payers  in  this  State/'  be,  and  the  same 
is  hereby,  repealed. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.   P.  ALDRICH,   Speaker  House  of  Representatives. 


No.  462G.    AN  ACT  to  authorize  and  empower  certain  Regiments  to  Elect 

their  Field  Officers. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Election  or-       and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
the  Adjutant  and  Inspector  General  be,  and  he  is  hereby,  instructed  to 
order  an  election  for  field  officers  of  the  several  Regiments  of  the  First 
Corps  of  Reserves,  and  of  such  other  Regiments,  now  in  service,  whose 
field  officers  have  been  appointed  by  the  Executive  Council ;  such  elections 
to  be  held  at  such  times  and  places  as  the  Adjutant  and  Inspector  General 
may  direct,  and   that  each   member  of  any  of  the  companies  of  the   said 
Regiment  shall  be  entitled  to  vote  for  field  officers  of  the  Regiment  to  which 
he  belongs. 
Officers  to  con-      H-  That  the  commissioned  officers  of  each  company  shall  open  a  poll  and 
uc  e  ec  ion.     con(juct  the  election  in  said  company,  and  shall  make  a  return  thereof, 
under  their  hands,  to  the  Adjutant  and  Inspector  General,  who  shall  report 
the  result  of  the  election  to  the  Commander-in-Chief,  and  the  officers  so 
elected  shall  be  commissioned  by  the  Governor. 
On  failure  to  III-  That  in  case  there  shall  be  a  failure  to  elect  any  of  the  officers  of 

tion  ordered.60"  the  said  Regiments,  the  Adjutant  and  Inspector  General  shall,  upon  re- 
ceiving notice  thereof,  forthwith  issue  an  order  for  another  election,  to  be 
conducted  in  the  same  manner  as  is  hereinbefore  provided. 
Existing  com-        IV.  That  the  commissions  of  the  field  officers  of  the  said  several  Regi- 
vacated.  ments  of  Reserves,  appointed  by  the  Governor  and  Council,  shall  be  vacated 

so  soon  as  the  officers  elected  under  the  provisions  of  this  Act  shall  have 
been  commissioned  and  qualified. 


OF  SOUTH  CAROLINA.  129 

V.  That  the  resolution  of  the  Executive  Council  disbanding  the  fourth     a.d. ise.2'3. 
and  tenth  Regiments  of  the  First  Corps  of  Reserves  be,  and  the  same  is 
hereby,  repealed. 

VI.  That  the  service  of  the  said  First  Corps  of  Reserves  be  Dot  extended  Term  of  service 
beyond   their   term   of   enlistment,  to   wit :    for  three   months  from   their 
enlistment 

In  the  Senate  House,  tho  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  tho  State  of 
Sooth  Carolina, 

W.   D.  PORTER,   PtoxideM  of  the.   Senate. 

A.   1*.  ALDRICH,   Speaker  Hmtse  of  Representatives. 


an  act  to  enable  citizens  of  the  state  who  are  engaged  in  ^0.  4627. 
Military  Service  to  exercise  the  Rights  of  Suffrage. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  soldiers  to 
all  citizens  of  this  State  who  are  engaged  in  the  military  service,  either  of 
this  State  or  of  the  Confederate  States,  shall  be  entitled  to  exercise  the 
rights  of  suffrage  iu  all  respects  as  fully  as  they  could  do  were  they  present 
in  their  respective  Election  Districts,  at  the  polls  thereof. 

II.  That  for  the  purpose  of  enabling  such  persons  so  to  exercise  the  rights  Two  commis- 

..........  .  ,  ,      sioned  officers 

of  suffrage,  it  shall  be  their  privilege,  when  any  two  or  more  may  be  at  the  may  open  poll, 
same  camp,  or  other  place  where  soldiers  arc  congregated,  to  have  opened 
at  such  camp  or  other  place  a  poll,  to  be  managed  by  any  two  commissioned 
officers,  citizens  of  this  State,  who  may  be  by  such  voters  selected  to  manage 
the  same. 

III.  That  before  entering  upon  the  management  of  such  poll,  the  Man-  Oaths  adminis- 
agers  shall  take  the  oath  prescribed  by  the  laws  of  this  State  to  be  admin- 
istered to  Managers  of  Elections;  which  oath  they  are  hereby  authorized 

to  administer  to  each  other;  and  they  are  further  empowered  to  administer 
to  the  voters  the  oath  prescribed  for  that  purpose  by  the  laws  of  this  State. 

]V.  That  in  the  management  of  such  poll,  the  Managers  shall  make  a  schedule  fur- 
schedule,  containing :  First.   A  caption,  setting  forth  the  time  and  place  such 
election  was  held,  and  the  Election  Districts  and  the  office  for  which  it  was 
held.     Second.  The  names  and  places  of  residence  of  all  the  voters  enrolled 
17 


130 


STATUTES  AT  LARGE 


A.  D.  18C2  '3. 


Certificate  of 
Managers. 


Manager.?  shall 
forward  cer- 
tificate. 


Time  for  open- 
ing poll. 


Managers  to 
aggregate  re- 
turns and  de- 
clare election. 


Executive  to 

furnish  blank.' 


Limitation. 


Substitute  for 
Act  and  Ordi- 
nance. 


by  the  Managers,  and  subscribed  by  the  voters  to  the  oath  administered  to 
each;  each  voter  affixing  his  signature,  by  his  own  hand,  opposite  to  his 
name  enrolled  by  the  Managers. 

V.  That  immediately  on  closing  the  poll,  the  Managers  shall  proceed  to 
count  the  ballots,  and  shall  subjoin  to  the  schedule  above  mentioned  a  cer- 
tificate, under  their  hands,  setting  forth  the  facts  of  counting,  and  the 
number  of  votes  cast  for  each  individual.  And  the  Managers  shall  there- 
upon enclose  the  said  schedule  and  certificate,  under  sealed  cover,  addressed 
to  the  Clerk  of  the  Court  of  the  Judicial  District  in  which  such  Election 

District  may  be  situated,  and  endorsed  "  Election  Returns  for Election 

District,  for  office  of /'  and  transmit  the  same  by  mail,   or  by  some 

messenger  to  be  employed  at  the  expense  of  the  voters ;  and  if  the  election 
shall  be  for  a  Member  of  CoDgress,  with  the  said  schedule  and  certificate 
shall  be  enveloped  the  ballots  cast. 

VI.  That  the  said  poll  shall  be  opened  on  the  day  fixed  for  such  election 
to  be  had  in  the  Election  District  to  which  it  pertains,  or  on  any  day  within 
twenty  days  preceding  that  day,  and  at  such  hours  as  the  Managers  may 
designate  as  most  convenient. 

VII.  That  it  shall  be  the  duty  of  the  Clerk  of  the  Court  by  whom  any 
such  election  returns  may  have  been  received,  to  deliver  or  transmit  the 
same,  unopened,  to  the  Managers  of  Elections  for  such  Election  District, 
on  or  before  the  day  on  which  they  may  assemble  at  the  Court-House,  or 
other  place  appointed  by  law  for  declaring  such  election ;  and  the  Managers 
so  assembled  shall  proceed  to  aggregate  the  returns  which  may  be  thus 
received  with  the  returns  which  shall  have  been  made  by  them  from  the 
District  precincts,  and  shall  declare  the  election  as  now  provided  by  law; 
and  if  the  election  be  for  a  Member  of  Congress,  shall  transmit  the  schedule, 
certificate  and  ballots  aforementioned,  to  the  office  of  the  Secretary  of  State, 
along  with  the  ballots  cast  in  the  Election  District. 

VIII.  That  the  Executive  authority  shall  cause  to  be  prepared  and  sent 
to  the  Colonels  of  the  various  Regiments  of  this  State  engaged  in  actual 
service,  and  the  Majors  or  Captains  of  independent  commands  in  such  ser- 
vice, blank  forms  for  the  schedules  and  certificates  above  required,  which 
shall  contain  the  oaths  of  Managers  and  voters. 

IX.  That  this  Act  shall  continue  of  force  only  during  the  continuance 
of  the  existing  war  between  the  Confederate  States  and  the  United  States, 
and  shall  be,  and  is  hereby  declared  to  be,  a  substitute  for  the  provisions 
of  an  Act  of  the  General  Assembly  of  this  State  entitled  "An  Act  to  en- 
able volunteers  in  the  military  service  to  exercise  the  rights  of  suffrage," 
ratified  the  twenty-first  day  of  December,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-one,  and  also  a  substitute  for  the  provi- 
sions of  an  Ordinance  of  the  Convention  entitled  "  An  Ordinance  to  enable 


OF  SOUTH  CAROLINA.  131 

citizens  of  this  State  who  are  engaged  in  military  service  to  exercise  the     a.d.  isg2'3. 
rights  of  suffrage,"  declared  and  ordained  on  the  sixth  day  of  January,  in     ^     y       ' 
the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-two,  which  said 
Act  and  Ordinance  are  hereby  repealed. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.   D.   TORTER,  President  of  the  Senate. 

A.  P.  ALDRICFT,   Speaker  Rouse  of  Representatives. 


an  act  to  establish  and  reciiarter  certain  roads,  bridges  and    no.  4627. 
Ferries,  and  for  other  turposes. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting -in  General  Assembly,  and  by  the  authority  of  the  same,  That  New  road  in 
M.  R.  Heronicut,  one  of  the  Commissioners  of  Roads  for  Pickens  District, 
vshall  be,  and  is  hereby,  authorized  and  empowered  to  lay  out  a  new  road, 
as  ordered  and  directed  by  the  Board  of  Commissioners,  on  the  old  Bach- 
elor's Retreat  Road,  by  commencing  said  change  at  Shiloh  Church,  and  inter- 
secting the  old  road  at  or  near  Hopewell  Church,  over  the  lands  of  John 
T.  Sloan,  whenever  the  said  Sloan  shall  surrender  the  right  of  way  without 
charge,  and  when  so  laid  out  and  put  in  proper  travelling  condition,  the 
same  shall  be,  and  is  hereby  declared  to  be,  a  public  road. 

II.  That  Nelson  Ferry,  over  the  Santee  River,  be,  and  is  hereby,  reestab-  Nelson  Ferry 

,.  .      ,  ,  ,  ,-     n  o  i  -,      •        A  „,,  re-established, 

hshed  and  opened  as  a  public  terry,  tor  and  during  the  space  ot  three  years, 

and  during  the  continuance  of  the  existing  war  with  the  United  States,  and 

be  vested  in  William  Ransom  Davis  for  the  said  period  of  time,  with  the 

same  rates  of  toll  as  were  allowed  to  the  last  proprietor  of  the  said  ferry. 

III.  That  the  ferry  over  the  Waccamaw  river,  known   as  Cox's  Ferry,  Cox's  Ferry 

rccliflrtcrcQ* 

shall  be,  and  the  same  is  hereby,  rechartered  for  and  during  the  term  of 
three  years,  and  during  the  continuance  of  the  existiug  war  with  the  United 
States,  and  vested  in  Mrs.  Frances  P.  Cox,  her  heirs  and  executors,  with 
the  following  rates  of  toll:  For  each  foot  passenger,  five  cents;  for  man  and  Rates  of  toil, 
horse,  ten  cents;  for  each  bead  of  cattle,  five  cents;  for  each  head  of  sheep 
or  hogs,  three  cents;  for  a  carriage  drawn  by  one  horse,  mule  or  ox,  twenty- 
five  cents;  if  drawn  by  two  horses,  mules  or  oxen  fifty  cents;  if  drawn  by 


132 


STATUTES  AT  LARGE 


A.  D.  1862  '3. 


Part  of  Act  of 
1856  repealed. 


Bnekhead 
Causey. 


New  road  in 
Bark  Corner. 


Road:  discon- 
tinued in 
Greenville. 


three  horses,  mules  or  oxen,  seventy-five  cents;  if  drawn  by  four  of  more' 
horses,  mules  or  oxen,  one  dollar;  and  four  times  these  rates  for  long,  fer- 
riage, which  shall  be  when  the  flat  of  said  ferry  lands  its  passengers  at 
Edmonds'  landing. 

IV.  That  the  eighth  and  ninth  sections  of  the  "  Act  to  establish  certain, 
Roads,  Bridges  and  Ferries,"  passed  on  the  twentieth  of  December,  Anno 
Domini  eighteen  hundred  and  fifty-sis  be,  and  the  same  are  hereby,  repealed, 
and  that  all  contracts  and  agreements  made  by  the  Commissioners  of  the 
Roads  for  Greenville  District  uuder,  and  by  virtue  of  the  said  clauses  in  the 
said  Act,  with  the  Gap  Creek  and  Middle  Saluda  Turnpike  Company  (com- 
monly called  the  Jones'  Gap  Turnpike  Company)  shall  be,  and  are  hereby 
declared  to  be,  null  and  void,  and  vacated  from  the  passage  of  this  Act,  bufe 
without  prejudice  to  the  legal  rights  of  the  said  company  under  the  said- 
contracts  and  agreements,  if  any  they  have. 

V.  That  the  Commissioners  of  Roads  of  Saint  Bartholomew's  Parish  do- 
take  under  their  charge  and  control  Buckhead  Causey,  and  with  the  road 
hands  put  the  same  in  good  travelling  order,  and  so  keep  the  same  during 
the  year  eighteen  hundred  and  sixty-three,  and  report  their  proceedings, 
and  the  condition  of  the  said  Causey,  and  all  the  facts  connected  therewith, 
and  especially  as  to  the  lease  thereof,  heretofore  made  Co  James  Bell,  to  the 
next  regular  session  of  the  General  Assembly. 

VI.  That  the  Commissioners  of  Roads  for  Greenville  District  do  cause 
to  be  laid  out  a  new  public  road  in  the  "  Dark  Corner  "  of  the  said  District, 
from  Old  Gowansville  to  William  Fisher's,  and  the  same  opened  and  worked 
on  by  the  road  hands  of  the  proprietors  of  the  lands  over  which  the  said 
road  may  be  laid  out,  and  the  same  is  then  hereby  established  and  declared 
to  be  a  public  road :  Provided,  That  the  said  Commissioners  shall  first  ap- 
prove the  opening  the  said  new  road,  and  the  proprietors  of  the  lands  over 
which  the  said  new  road  may  be  laid  out  shall  surrender  to  the  said  Board, 
by  instrument  of  writing,  the  right  of  way  over  said  lands  for  said  road, 
free  of  charge  therefor. 

VII.  That  the  Commissioners  of  Roads  for  the  Upper  Division  of  Green- 
ville District  be  authorized  to  discontinue  a  short  piece  of  road,  of  about 
two  miles  in  distance,  running  from  a  point  on  the  White  Horse  Road, 
called  Pine  Grove,  and  intersecting  the  main  Buncombe  Road  near  the 
nine-mile  post,  as  a  public  road. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,   Speaker  House  of  Representatives. 


OF  SOUTH  CAROLINA.  133 

AN    ACT    TO  INCORPORATE  THE    EDISTO  AND  ASHLEY  CANAL    COMPANY.      A.P.1S62'3. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met    No.  4G28. 
and  sitting  in  General  Assembly,  and  by  tbe  authority  of  the  same,  That  Company 

■  .     ; ,  i      "•      j   «         i  authorized. 

the  formation  of  a  corporate  company  is  hereby  authorized  tor  the  construc- 
tion of  a  canal  between  the  Ed  is  to  ami  Ashley  rivers,  on  the  most  prac- 
ticable route,  from  a  place  on  the  former  below  Givham's  Ferry  to  a  point  on 
the  latter  below  Bacon's  Bridge. 

II.  That  the  stock  of  the  company  hereby  authorized  shall  consist  of  one  Booksforsub- 

r     *  J  Bcrfption,  by 

thousand  shares,  of  one  hundred  dollars  each    share;  that  books  for  sub-  whom  opened. 

scription  to  the  stock  of  said  company  shall  be  opened  in  Charleston,  Lex- 
ington, Barnwell,  Orangeburg,  and  Colleton,  by  throe  commissioners  in 
each  place,  namely:  in  Charleston  by  J.  B.  Campbell,  T.  1>.  "Wagner,  and 
L.  D.  DeSaussure;  in  Lexington  by  .J.  A.  Hendricks,  F.  11.  Meetee,  John 
Fox;  in  Barnwell  by  J.  T.  Aldrich,  J.  J.  Mah«r,  and  N.  G.  W.  Walker; 
in  Orangeburg  by  L.  C.  Glover,  Henry  Ellis,  and  W.  0' Cain  J  in  Colleton, 
Dauiel  S.  Henderson,  J.  K.  hinder,  and  I).  S.  Cauaday;  and  the  books  shall 
be  opened  in  each  of  the  said  places  on  the  same  day,  namely:  the  first 
Monday  of  March  next,  and  be  kept  open  at  each  place  three  days,  between 
the  hours  of  nine  in  the  morning  and  three  in  the  afternoon;  and  the  time 
and  places  of  subscribing  shall  be  advertised  by  the  said  Commissioners,  in 
the  several  Districts  for  which  they  are  respectively  appointed,  for  at  least 
two  weeks  prior  to  the  day  for  opening  the  books.  If  any  of  the  Commis-  Vacancy  in 
sioners  before  named  shall,  alter  the  passage  of  this  Act,  decline  to  serve,  filled, 
a  majority  of  the  Delegates  in  the  General  Assembly  for  the  District  in 
which  the  Commissioner  so  declining  resides,  may  appoint  a  fit  and  proper 
person  to  supply  the  vacancy;  and  if  any  one  of  the  Commissioners  shall 
not  attend  at  the  time  of  opening  the  books,  the  other  two  Commissioners 
at  the  place  fur  which  he  was  appointed  may  choose  a  fit  and  proper  person 
to  supply  his  place,  or  may  themselves  proceed  to  open  the  books  and  re- 
ceive subscriptions.  Upon  the  books  being  opened,  as  aforesaid,  individuals  Subscriptions 
may  subscribe  for  so  many  shares  as  they  see  fit,  paying  to  the  said  Com- leceive 
missioners  two  dollars  on  such  share  subscribed;  and  the  Commissioners 
shall  designate  in  the  books,  opposite  to  the  names  of  the  subscribers,  the 
day  of  subscription,  the  number  of  shares  subscribed,  and  the  sum  of 
money  paid,  respectively;  and  for  the  sums  so  paid  the  Commissioners  shall 
give  receipts  to  the  individuals, paying,  and  as  soon  as  may  be,  deposit  the 
money  in  the  Bank  of  the  State  of  South  Carolina,  or  in  some  branch 
thereof,  subject  to  the  joint  check  of  a  majority  of  the  Commissioners  until 
the  said  Company  is  organized,  and  then  subject  to  the  check  or  order  of 
said  company. 


134  STATUTES  AT  LARGE 

A.  D.  1862  '3.  III.  That  when  the  hooks  shall  be  closed  on  the  last  day,  the  Conimia- 
v  X  '  sioners  at  Charleston,  Lexington,  Barnwell,  and  Orangeburg,  shall  transmit 
to  make  list  of  to  the  CommissionersJn  Colleton  a  list  of  the  subscribers,  designating,  as  in 
the  subscription  books,  opposite  to  each  name,  the  day  of  subscription,  the 
number  of  shares  subscribed,  and  the  sum  paid,  with  a  certificate,  to  be 
signed  by  one  or  more  of  the  Commissioners,  that  the  money  is  deposited 
in  the  Bank,  conformably  to  this  Act.  And  thereupon  the  Commissioners 
in  Colleton,  from  all  the  lists  of  subscribers,  shall  make  out  one  general 
list,  and  sum  up  the  whole,  and  ascertain  whether  the  shares  subscribed  are 
equal  in  amount  to  the  capital  prescribed  for  the  company,  or  greater  or 
less.  If  the  number  of  shares  subscribed  shall  exceed  one  thousand,  then 
the  shares  shall  be  reduced  ratably  to  that  number,  except  that  no  sub- 
scription of  five  shares  or  less  shall  be  reduced.  If  the'  number  of  shares 
subscribed  be  less  than  five  hundred,  the  Commissioners  at  Colleton  may 
keep  the  books  open  at  that  place  until  the  number  of  five  hundred  shares 
be  subscribed,  and  two  dollars  paid  on  each  share,  as  aforesaid:  Provided, 
That  said  Commissioners  at  Colleton  shall  not  keep  open  said  books  of  sub- 
scription for  a  longer  period  than  four  years  after  the  passage  of  this  Act. 

When  company  IV.  That  on  the  subscriptions  of  shares  in  the  stock  of  the  company  to 
an  amount  equal  to  or  exceeding  five  hundred,  as  aforesaid,  being  made,  or 
in  case  of  excess  of  subscriptions,  upon  the  number  being  reduced  to  one- 
thousand,  in  manner  aforesaid,  the  said  company  shall  be  considered  as 
formed,  and  this  Act  of  Incorporation  shall  and  may  attach,  and  become 
effectual,  and  the  company  may  take  measures  for  complete  organization. 
For  this  purpose  the  Commissioners  in  Colleton  shall  appoint  a  convenient 
time  and  place  for  the  meeting  of  the  stockholders,  and  shall  cause  the 
same  to  be  advertised  in  one  or  more  of  the  gazettes  published  in  Charles- 
ton and  Columbia  for  four  weeks  prior  to  the  day  of  meeting,  at  which 
time  and  place  the  subscribers  may  attend  in  person  or  by  proxy:  Provided, 

Ballot  for  Presi- The    proxy   be   a   stockholder.      The    Commissioners   at   Colleton,   or   a 

rectors.  majority  of  them   attending,  shall  present  a  ballot-box,  in  which  the  sub- 

scribers may  vote  for  a  President  and  twelve  Directors,  to  serve  for  one 
year,  and  until  a  new  election  shall  be  made;  and  the  presiding  Commis- 
sioners, after  the  first  election  hereby  required  to  be  made,  shall  count  the 
ballots,  declare  the  election,  and  make  and  deliver  proper  certificates 
thereof. 

schedule  of  V.  That  in  the  said  election,  and  in  all  future  elections  for  President 

and  Directors,  and  in  the  making,  altering,  and  repealing  by-laws,  and  in 
determining  on  measures  involving  the  general  interest  of  the  company,  the 
votes  of  the  stockholders  shall  be  taken  and  governed  by  the  scale  and 
regulations  following,  to  wit:  the  owner  of  one  or  two  shares  shall  be  en- 
titled to  one  vote ;  the  owner  of  three  or  four  shares  to  two  votes,  and  in 


rotes. 


OF  SOUTH  CAROLINA.  135 

the  same  proportion  as  far  as  twenty-four  shares;  and  any  stockholder  who     a.d.isc2'3. 
may  have  subscribed  for  any  number  of  shares  beyond  twenty-four,  and     v~~    v™—'' 
not  more  than  fifty,  in  addition,  for  the  excess,  may  be  entitled  to  one  vote 
for  every  five  shares. 

VI.  That  tbe  election  of  President  and  Directors  shall  be  made  annually,  Annual  election 

for  President 

according  to  a  by-law  to  be  made  for  that  purpose,  and  in  case  of  any  va-  and  Directors. 
cancy  occurring  between  the  times  of  annual  election,  a  majority  of  the 
Board  of  Directors  may  elect  by  ballot,  from  the  stockholders,  a  person  to 
fill  tbe  vacancy;  but  if  it  happen  that  the  day  of  annual  election  of  Presi- 
dent and  Directors  should  pass  without  election  being  made,  as  to  any  or  all 
of  them,  the  corporation  shall  not  be  dissolved  or  discontinued  thereby,  but 
it  shall  be  lawful  on  any  other  day  to  hold  and  make  such  election,  in  such 
manner  as  shall  be  prescribed  by  the  by-laws  of  the  corporation. 

VII.  That  the  said  company,  so  organized  as  aforesaid,  shall  be  called  style  and  title 
"  The  Edisto  and  Ashley  Canal  Company,"  and  have  perpetual  succession 

of  members,  may  make  and  have  a  common  seal,  and  alter  it  at  pleasure; 
may  sue  and  be  sued,  answer  and  be  answered  unto,  by  their  corporate  name 
aforesaid,  in  all  the  Courts  of  Law  and  Equity  and  judicial  tribunals  of  this 
State ;  and  from  time  to  time  to  make  such  rules,  regulations  and  by-laws 
as  they  shall  think  proper  for  their  own  government:  Provided,  The  same 
shall  not  be  repugnant  to  or  inconsistent  with  any  law  of  this  State. 

VIII.  That  the  said  company  shall  and  may  cause  a  communication  or  Privileges. 
inland  navigation  to  be  made  between  the  Edisto  and   Ashley  Rivers,  by 

means  of  reservoirs,  dams,  canals  and  locks ;  the  canal  to  be  cut  from  the 
Edisto  river,  below  Givham's  Ferry,  to  a  point  on  the  Ashley  river  below 
Bacon's  Bridge,  on  such  route  as  may  be  found  most  practicable,  by  surveys 
hereafter  to  be  made;  and  that  the  said  company  shall  and  may  fix  and  Rates  of  toll, 
establish,  and  be  entitled  to  take  and  receive,  by  way  of  toll,  for  all  goods 
and  merchaudise  carried  on  and  through,  and  boats  and  rafts  passing  on 
and  through  the  said  canal,  such  sums  or  rates  as  the  said  company  shall 
think  proper  to  impose,  not  exceeding  at  any  time  ten  per  cent,  per  annum 
on  the  money  which  they  shall  have  expended  in  making  and  keeping  in 
repair  said  canal ;  in  order  to  ascertain  which  rates  the  books  of  said  com- 
pany shall  always  be  liable  to  the  inspection  of  the  Legislature,  and  the 
President  and  Directors  shall  submit  annually,  on  oath,  a  written  statement 
of  the  expenses  of  keeping  said  canal  in  repair,  and  the  rates  of  toll. 

IX.  That  it  shall  be  unlawful  for  the  said  company  at  any  time  to  per-  Water  not  to  be 
it  0  i       T>  i-  •  i  l-i  ,  taken  for  irri- 

mit  to  be  drawn  from  the  Edisto  river,  through  said  canal,  any  water  for  gation. 

the  purpose  of  irrigation ;  and  if  at  any  time  they  shall  allow  any  water  to 

be  so  drawn  for  such  purposes,  said  company  may  be  proceeded  against  by 

teare  /ados,  and   shall  be   liable  to  a  forfeiture  of  their  charter;  that  the  Lock  and  gates. 

said  company  shall  at  all  times  keep  one  lock  with  gates  at  the  point  on  the 


136  STATUTES  AT  LARGE 

a. d.  1862 '3.  canal  where  the  swamp  land  of  Edisto  river  shall  adjoin  the  high  land  or 
v— — v-"—''  ridge;  which  lock  and  gates  they  shall  at  all  times  keep  in  good  and  suffi- 
cient repair,  so  as  to  prevent  the  possibility  of  a  continual  flow  of  water 
from  the  Edisto  to  the  Ashley  river,  to  the  detriment  of  the  river  planters 
on  Pon  Pou ;  and  if  at  any  time  said  company  shall  neglect  to  keep  in  due 
repair  said  lock  and  gates,  they  shall  forfeit  and  pay  a  penalty  not  less  than 
one  thousand  dollars,  nor  exceeding  teu  thousand  dollars,  to  be  recovered  by 
action  of  debt  in  any  Court  of  competent  jurisdiction,  the  whole  of  which 
penalty  shall  go  to  the  prosecutor;  the  said  company  in  any  case  of  such 
default,  shall  also  be  liable  to  a  forfeiture  of  their  charter;  and  it  shall  be 
the  duty  of  the  Superintendent  of  Public  Works  to  visit  and  examine  said 
canal  and  locks  annually,  and  to  report  to  the  General  Assembly  any  viola- 
tions of  the  provisions  of  this  Act. 
Company  may        X.  That  the  said  company  shall  have  power  to  purchase,  for  themselves 

purchase  laud.  ,  .  „         ,  . 

and  their  successors,  such  land  as  may  be  necessary  tor  the  purpose  atore- 
said,  and  when  they  and  the  owners  of  said  lands  cannot  agree  for  the  same, 
to  take  the  said  lands  on  a  valuation  to  be  made  by  a  majority  of  five 
persons  to  be  appointed  by  the  Court  of  Chancery  or  Common  Pleas  to  value 
the  same,  which  land  shall,  on  payment  of  the  sum  at  which  it  shall  be 
valued,  be  vested  in  the  said  company ;  and  the  said  company  shall  have 
power  and  authority  to  use  any  materials  in  the  vicinity  of  said  canal  for 
opening  and  keeping  the  same  in  repair,  paying  a  reasonable  price  therefor, 
which  price  shall  be  ascertained  in  like  manner  as  the  value  of  the  land 
which  the  company  may  take  as  aforesaid,  in  case  the  company  and  the 
owners  of  the  land  cannot  agree  about  the  price  thereof:  Provided,  That 
the  company  shall  not  be  entitled  to  take  more  land  at  a  valuation  than 
what  may  be  inclosed  within  two  lines  parallel  to  the  axis  of  the  proposed 
canal,  and  at  a  distance  of  sixty  feet  on  each  side  of  said  axis. 

stock  personal  XL  That  the  shares  in  the  said  company  may  be  sold,  transferred, 
assigned  or  bequeathed  by  the  proprietors,  respectively;  and  in  case  of  their 
dying  intestate,  shall  go  as  personal  estate,  according  to  the  Statutes  of  Dis- 
tributions. 

Penalty  for  in-        XII.  That  if  any  person  or  persons  shall  wilfully  and  maliciously  throw 

juriug  or  ob-  *  "*  "   *  . 

structing  canal,  down,  break,  or  destroy  any  lock,  dam,  bank,  waste-weir,  culvert,  wall  or 
any  part  thereof,  belonging  to  said  canal,  or  throw  dirt,  trees,  logs  or  other 
rubbish  in  the  way,  so  as  to  prejudice  the  navigation  and  works  aforesaid, 
such  person  or  persons  so  offending  shall,  for  every  such  offence,  by  con- 
viction on  indictment,  forfeit  and  pay  a  fine  not  exceeding  fifty  dollars,  aud 
be  imprisoned  not  exceeding  three  months,  at  the  discretion  of  the  Court 
before  which  such  conviction  shall  take  place,  besides  being  liable  to  said 
company  in  a  civil  action  for  all  damages  done  to  the  canal. 


OF  SOUTH  CAROLINA.  137 

This  Act  shall  he  deemed  a  puhlic  Act,  and  continue  in  force  for  the    a.d.1862'3. 

term  of  thirty  years.  ^""N'— — ' 

Limitation. 

In  the  Senate  Houjo,  the  .sixth  d>iy  of  February,  In  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  the  eighty- 
seven;  h  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.   1).   PORTER,   President  of  the  Senate. 

A.  P.   ALDRICH,   Speaker  House  of  Representatives. 


an    act    to   make  appropriation    in  ald   op  tue  families   op    no.  4629. 
Soldiers,  and  to  repeal  an  Act  entitled  "An  Act  to  afford  Aid 
to  tue   Families  of  Soldiers,"  ratified  on  the  twenty-first 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one. 

I.  Be  it  enacted  by  the  Senate  and  House   of  Representatives,  now  met  Appropriation. 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

the  sum  of  sis  hundred  thousand  dollars,  if  so  much  be  necessary,  be,  and 
the  same  is  hereby,  appropriated  from  the  Treasury  of  this  State  in  aid  of 
the  families  resident  iu  this  State  of  the  soldiers,  sailors,  and  marines  who 
may  now  be,  or  shall  during  the  present  war  be,  in  the  army  or  navy  of 
the  Confederate  States,  or  in  the  service  of  the  State  of  South  Carolina, 
and  of  those  who  have  died,  been  killed,  or  disabled  in  the  service  of 
either. 

II.  That  the  appropriation  thus  made   shall   be   divided   ratably  among  Division  of 
the  several   Election  Districts  of  this  State,  in  the  following  proportion,  to 

wit:  Upon  the  ratio  of  the  white  population  of  the  several  Election  Dis- 
tricts, as  ascertained  by  the  last  census  taken  in  this  State  for  the  appor- 
tionment of  representation  in  the  House  of  Representatives. 

III.  That  in  each  Election  District  there  shall  be  appointed,  by  the  Soldiers' 
General  Assembly,  upon  the  nomination  of  the  delegation  in  both  branches  lief  to  be  ap- 
from  each  Election  District,  and  to  be  selected  from  persons  not  liable  to 
Confederate  conscription,  and  who  shall  be  freeholders,  a  Soldiers'  Board 

of  Relief,  to  consist  of  not  less  thau  three  nor  more  than  twelve  freeholders 
in  any  Election   District.     The  said   Boards  of  Relief  shall  be,  and  are 
hereby,  authorized  to  fill  up  all  vacancies  in  their  respective  Boards,  arising 
18 


138 


STATUTES  AT  LARGE 


A.  D.  1862  '3. 


Boardi  to  ap- 
point Secretary 
and  Treasurer. 


Distribution  of 
funds. 


Boards  shall 
make  returns. 


Duties  of 
Comptroller 
General  and 
Treasurers. 


from  any  cause,  by  appointments  of  said  Boards;  they  shall  meet  upon  the 
call  of  the  Chairman,  as  well  as  by  their  own  resolution,  and  a  majority  of 
each  Board  shall  constitute  a  quorum. 

IV.  That  the  said  Boards  shall  each  appoint  a  person,  not  liable  to  Con- 
federate conscription,  and  of  their  own  body  or  otherwise,  as  they  may 
decide,  as  Secretary  and  Treasurer,  who  shall  keep  a  record  of  all  transac- 
tions, and  be  responsible  to  said  Board,  and  give  bond,  payable  to  said 
Board,  in  such  sum,  and  with  such  sureties,  as  the  said  Board  may  direct,  , 
for  the  faithful  performance  of  the  duties  of  his  office,  and  who/shall  receive 
as  a  compensation  for  such  services  one  per  cent,  on  the  amounts  passing 
through  their  hands. 

V.  That  the  said  Boards  of  Belief  shall  respectively  receive  from  the 
Treasurer  of  the  Division  in  which  the  Election  District  may  be  situated, 
upon  the  draft  of  the  Chairman,  the  sum  of  money  apportioned  to  each 
Election  District,  in  the  ratio  above  created  and  ascertained,  in  the  mode 
hereinafter  provided,  and  shall  apply  the  same  in  their  respective  Districts 
in  such  manner,  and  in  such  proportions,  as  in  the  discretion  of  the  said 
Boards  shall  seem  best;  and  either  by  pecuniary  assistance,  or  by  the  pur- 
chase and  distribution  of  food  and  clothing,  and  other  necessaries,  to  the 
aid  and  relief  of  the  families  of  all  those  who  now  are,  or  during  the  pres- 
ent year  may  be,  engaged  in  the  military  or  naval  service  of  the  Con- 
federate States,  or  of  this  State,  and  of  the  families  of  those  who  have 
died,  or  may  die,  or  be  killed  or  disabled  in  either  service,  and  of  such 
persons  as  are  or  were  dependent  upon  those  so  in  military  service;  such 
dependence  to  be  judged  of  and  decided  by  the  said  Boards. 

VI.  That  the  said  Boards  of  Relief  shall  make  returns  of  their  receipts 
and  expenditures  to  the  General  Assembly  at  its  next  regular  session,  and 
shall  be  liable,  to  the  same  penalties  for  default  or  neglect  of  duty  as  the 
other  District  Boards  are  now  liable  to,  according  to  law. 

VII.  It  shall  be  the  duty  of  the  Comptroller  General,  and  of  the 
Treasurers  of  the  Upper  and  Lower  Divisions  of  this  State,  to  meet  together 
within  one  week  after  the  ratification  of  this  Act,  and  forthwith  to  appor- 
tion the  sum  hereinbefore  appropriated  to  and  among  the  several  Election 
Districts,  upon  the  ratio  hereinbefore  created;  and  upon  the  completion  of 
the  said  apportionment,  it  shall  be  the  duty  of  the  Comptroller  General 
forthwith  to  communicate  with  the  several  Boards  of  Relief  established  by 
this  Act,  and  to  inform  each  Board,  respectively,  of  the  amount  appor- 
tioned to  the  Election  District  wherein  such  Board  is ;  and  it  shall  be  the 
further  duty  of  the  Comptroller  General  to  report  such  apportionment  to 
the  General  Assembly  at  its  next  regular  session,  and  also  to  the  Spring 
and  Fall  Terms  of  the  Courts  of  Common  Pleas  and  General  Sessions. 
And  it  shall  be  the  duty  of  the  Treasurers  of  the  Upper  and  Lower  Di- 


OF  SOUTH  CAROLINA.        '  139 

visions, 'respectively,  according   to   the   location    of  the  several   Election    A.  d. isf.23. 
Districts,  to  pay,  upon  the  drafts  of  the  respective  Chairmen  of  said  Boards,     v-—~"y~— "* 

Treasurers  to 

the  sum  of  money  so  apportioned  to  the  several  Election  Districts:  Pro-  pay  appropria- 
vided,  That  after  one-fourth  of  the  amount  allowed  to  each  of  the  Boards 
of  the  sum  appropriated  by  this  Act  is  drawn,  the  balance  thereof,  or  so 
much  thereof  as  may  be  found  to  be  necessary-,  shall  be  paid  in  quarterly 
payments,  after  said  Boards  have  severally  rendered  to  the  Treasurer  of 
the  Upper  or  Lower  Division,  as  the  case  may  be,  an  account  of  their  act- 
ings and  doings  for  the  preceding  three  months. 

VIII.  That  an   Act  entitled   an  Act  to  afford   aid   to   the   families  ofActofiS6i 
soldiers,  ratified   on  the  twenty-first  day  of  December,  in  the  year  of  our  repea 
Lord  one  thousand  eight  hundred  and  sixty-one,  be,  and  the  same  is  here- 
by, repealed. 

In  the  Senate  House*  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POUTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AN  ACT   TO    AMEND  AN  ACT   ENTITLED  "An  ACT  TO  MAKE  APPROrRIA-     No.  4630. 

tion  in  Aid  of  the  Families  of  Soldiers,  and  to  repeal  an  Act 
entitled  an  act  to  afford  ald  to  the  families  of  soldiers," 
ratified  ox  the  twenty-first  day  of  december,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-one. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Act  of  Decem- 
the  provisions  and  benefits  of  an  Act  entitled  "  An  Act  to  make  appropria-  amended. 
tion  in  aid  to  the  families  of  soldiers,"  and  to  repeal  an  Act  entitled  "An 
Act  to  afford  aid  to  the  families  of  soldiers,"  ratified  on  the  twenty-first  day 
of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  be,  and  the  same  are  hereby,  extended  so  as  to  include  the 
families,  resident  in  this  State,  of  the  soldiers,  sailors  and  marines  who 
shall  be  in  the  army  or  navy  of  the  Confederate  States,  or  in  the  service  of 
the  State  of  South  Carolina,  or  who  shall  die,  be  killed,  or  disabled  in  the 
service  of  cither,  at  any  time  during  the  year  of  our  Lord  one  thousand 


140  •      STATUTES  AT  LARGE 

A. D.1862'3,    eight  hundred  and  sixty-three,  anything  in  the  said  Act  to  the  contrary 

v~"-,r~ ■**'     notwithstanding;  and  that  the  seventh  section  of  the  said  Act  be  amended 

as  follows  :  That  upon  the  organization  of  the  respective  Boards  they  shall 

forthwith  report  the  same  to  the  Comptroller  General,  with  the  post-office 

address  of  the  several  officers  of  each  Board. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.   PORTER,   President  of  the   Senate. 

A.  P.  ALDRICH,  Speaker  IIov.sc  of  Representatives, 


No.  4631.  AN  ACT  to  refund  to  the  Soldiers'  Board  of  Relief  for  Barn- 
well and  Laurens  Districts,  and  for  Saint  Matthew's  and 
Christ  Church  Parishes,  moneys  advanced  and  expended  by 
them,  as  Boards  of  Relief,  out  of  their  private  funds. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Board  of  Relief  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

for  Barnwell  to-  °  .       ,  -       ■ 

make  assess-     the  members  of  the   Soldiers'   Board   of  Relief  to  be   appointed   for   the 
raent,  L  r 

present  year  for  Barnwell  District  be,  and  they  are  hereby,  authorized  and 

required  to  make  an  assessment  upon  the  general  State  tax  of  the  said 

District,  which  shall  be  sufficient  to  raise  the  sum  of  two  thousand  nine 

hundred  and  five  dollars  and  fifty-seven  cents;  and  that  the  Tax  Collector 

for  said  District,  when  furnished  with  a  written  order  from  said  Board,  do 

collect  and  pay  over  the  said  sum  to  and  in  relief  of  the  members  of  the 

Soldiers'  Board  of  Relief  for  Barnwell  District  for  the  year  one   thousand 

eight  hundred  and  sixty-two,  on  account  of  moneys  heretofore  advanced 

and  expended  by  them. 

£?B-ZBB?3?iTct,toT      II-  That  the  members  of  the  Soldiers'  Board  of  Relief,  to  be  appointed 

St.  Matthew's  '  rr 

Parish.  for  the  present  year  for  St.   Matthew's  Parish  be,  and  they  are  hereby, 

authorized  and  required  to  make  an  assessment  upon  the  general  State  tax 
of  the  said  Parish,  which  shall  be  sufficient  to  raise  the  sum  of  three  hun- 
dred and  seventy-five  dollars,  and  interest  that  may  accrue  thereon  from  the 
time  paid  out  until  collected,  and  that  the  Tax  Collector  for  said  Parish, 
when  furnished  with  a  written  order  from  said  Board,  do  collect  and  pay 
over  the  said  sum  to  and  in  relief  of  the  members  of  the  Soldiers'  Board 


OF  SOUTH  CAROLINA.  141 

of  Relief,  for  St.  Matthew's  Parish  for  the  year  eighteen  hundred  and  sixty-    a.d.is62'3. 
two,  on  account  of  moneys  advanced  and  expended  by  them.  Y 

III.  That  the  "  Soldiers'  Board  of  Relief  "  for  Laurens  District  be,  and  Assessment  for 

Laurens  Dis- 

they  are  hereby,  authorized  to  levy  an  extraordinary  assessment  on  the  trict. 
State  taxes  of  said  District,  at  the  next  annual  collection,  sufficient  to  reim- 
burse the  members  of  said  Board  the  sum  of  one  thousand  dollars,  ex- 
pended by  them  out  of  their  private  funds  for  the  relief  of  soldiers'  faaiilies; 
and  it  shall  be  the  duty  of  the  Tax  Collector  to  collect  said  assessment  as 
he  is  required  by  law  to  collect  other  funds  levied  for  the  relief  of  soldiers' 
families. 

IV.  That  the  "Soldiers'  Board  of  Relief"  for  Christ  Church  Parish  be  Tax  levied  for 

i-ii  i  ii  •  i  t->     •  i  rr-    ■  Christ  Church 

authorized  to  levy  a  tax  on  the  taxable  property  oi  said  Parish  sufficient  to  Parish. 

raise  the  sum  of  two  hundred  dollars,  to  reimburse  the  Commissioners  for 

last  year  a  sum  advanced  by  them. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.   ALDRICH,  Speaker  House  of  Representatives. 


AN  ACT  to  provide  for  a  guaranty  by  the  State  of  the  Bonds   No.  4632. 
of  the  Confederate  States. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Confederate 
the  Governor  of  the  State,  for  the  time  being,  be,  and  he  is  hereby,  author-  teTd.* S'" 
ized  and  directed  to  endorse  the  guarantee  of  the  State  upon  the  bonds  of 
the  Confederate  States  of  America,  upon  the  application  of  the  Government 
of  the  said  Confederate  States,  to  an  amount  equal  to  the  proportionate 
share  of  the  State  of  South  Carolina  of  the  sum  of  two  hundred  millions 
of  dollars,  in  the  ratio  of  the  representation  of  said  State  in  the  House  of 
Representatives  of  the  Confederate  Congress,  thereby  pledging  the  faith 
and  the  funds  of  the  State  for  the  payment  of  the  principal  of  the  said 
bonds,  and  the  interest  to  accrue  thereon  :  Provided,  That  such  of  the 
bonds  as  shall  be  sold  within  the  Confederate  States,  shall  be  disposed  of 
to  the  highest  bidder  :     And  provided,  further,  That  in  the  sale,  whether 


142  STATUTES  AT  LARGE 

A. D.  1862'3.  in  this  country  or  abroad,  of  these  bonds,  this  State  and  the  citizens  there- 
of shall  have  the  right  to  purchase  tie  bonds  under  its  guarantee,  in  pref- 
erence to  all  purchasers  at  equal  bids. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.   ALDRICH,   Speaker  House  of  Representatives. 


No.  4633.  AN  ACT  to  provide  for  a  guaranty  by  the  State  of  the  Bonds 

op  the  Confederate  States. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Governor  to      and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

endorse  bonds.     .       „.  _,.,.  ,  ,..„  , 

the  Governor,  tor  the  time  being,  whenever  application  tor  such  guaranty 
shall  be  made  to  him  by  the  Government  of  the  Confederate  States  of 
America,  be,  and  he  is  hereby,  authorized  and  directed  to  endorse  the 
guaranty  of  the  State  of  South  Carolina  upon  the  bonds  of  the  Confederate 
.  States  of  America,  to  be  hereafter  issued  according  to  a  plan  to  be  adopted 
by  Congress,  to  the  amount  of  thirty-four  millions  four  hundred  and  eighty- 
two  thousand  seven  hundred  and  fifty-eight  dollars  sixty-two  and  two  twen- 
ty-ninth cents,  being  the  proportionate  share  of  the  sum  of  five  hundred 
millions  of  dollars,  according  to  the  representation  of  South  Carolina  in  the 
House  of  Representatives  of  the  Confederate  Congress,  the  representation 
of  the  States  of  Missouri  and  Kentucky  being  omitted  in  the  calculation. 
Act  of  Decern-        JJ.  That  the  Act  ratified  on  the  eighteenth  day  of  December,  in  the  year 

ber,  1862,  re-  ... 

pealed.  of  our  Lord  one  thousand  eight  hundred  and  sixty-two,  entitled   "  An  Act 

to  provide  for  a  guaranty  by  the  State  of  the  bonds  of  the  Confederate 
States,"  be,  and  the  same  is  hereby,  repealed. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina, 

W.  L\  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


OF  SOUTH  CAROLINA.  143 

AX  ACT  to  prohibit  Extortion  and  punisii  Extortioners.         a.d.1862'3. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met    2\o.  4634. 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Penalty  for  ex- 
froin  and  after  the  passing  of  this  Act,  any  dealer  or  speculator  in  clothing, 

or  materials  of  clothing,  boots,  shoes,  leather,  brogans,  raw  hides,  meat, 
grain,  flour,  fish,  coffee,  sugar,  tea,  salt,  saltpetre,  drugs,  medicines,  wool, 
yarn,  iron,  castings,  nails,  and  hardware  generally,  gold  and  silver  coin, 
wood,  coal,  candles,  oil,  lard,  soap,  cattle,  hogs,  and  other  live  stock,  poultry, 
sterling  exchange,  or  other  necessaries  of  life  whatever,  or  any  manufacturer 
for  sale  of  any  of  the  said  articles,  who  shall,  during  the  continuance  of 
the  existing  war,  sell  or  dispose  of  any  of  the  said  articles  at  exorbitant 
or  unreasonable  rates  or  prices,  or  at  an  exorbitant  or  unreasonable  advance 
or  profit  on  the  cost  thereof,  or  cost  of  the  production  or  manufacture  there- 
of, or  shall  refuse  to  sell  or  dispose  of  the  same  for  cash,  either  in  specie  or 
in  current  funds,  at  fair  or  reasonable  rates  or  prices,  or  at  reasonable 
advances  or  profits  on  the  cost  thereof,  or  cost  of  the  production  or  manu- 
facture thereof,  and  all  other  persons  who  shall  sell  or  dispose  of  any  of  the 
said  articles  at  exorbitant  or  unreasonable  rates  or  prices,  or  at  an  exor- 
bitant or  unreasonable  advance  or  profit  ou  the  cost,  or  cost  of  the  produc- 
tion or  manufacture  thereof,  shall  be  deemed  and  held  guilty  of  extortion, 
and  on  conviction  thereof  in  any  of  the  Courts  of  General  Sessions  of  this 
State,  shall  be  fined  not  more  than  one  thousand  dollars,  and  be  imprisoned 
not  more  than  twelve  months;  one-half  of  the  fine  in  each  case  to  be  for 
the  benefit  of  the  informer,  and  the  other  half  for  the  benefit  of  soldiers' 
and  seamen's  families,  to  be  paid  over  to  the  Soldiers'  Board  of  Relief  for 
the  District  in  which  the  conviction  shall  take  place ;  and  the  informer  to 
be  a  competent  witness,  any  law,  custom  or  usage  to  the  contrary  notwith- 
standing: Provide d,  That  no  importer  of  foreign  merchandise  shall  be  Exemptions 
liable  to  the  penalties  of  this  Act  for  sales  of  such  merchandise  :  And  pro-  fr°m  penaIty' 
vided,  further,  That  persons  bringing  into  this  State  articles  of  food  from 
other  States,  and  selling  the  same  at  prices  not  higher  than  those  charged 
by  producers  in  this  State,  shall  not  be  liable  to  the  penalties  of  this  Act. 

II.  That  in  all  cases  arising  under  this  Act,  it  shall  be  left  to  the  juries  juries  to  <ic- 
to  determine  what  are  exorbitant  or  unreasonable  rates  or  prices,  or  exor-  torticn.8 
bitant  or  unreasonable  advances  or  profits,  due  regard  being  had  to  the  cir- 
cumstances of  each  case ;  and  it  shall  be  lawful  for  the  Court  of  Appeals  to 

review  the  facts  of  all  such  cases,  and  to  set  aside  verdicts  and  order  new 
trials  for  want  of  conformity  thereto. 

III.  That  no  person  prosecuted  under  this  Act  shall  be  allowed  any  right  Proceedings  on 
or  privilege  of  traverse  or  imparlance,  or  postponement  of  trial,  at  the  first 

term  of  the  Court  in  which  he  shall  be  indicted,  unless  on  affidavit  of  the 


144 


STATUTES  AT  LARGE 


A.D.  1862'3.  necessary  absence  of  a  material  and  necessary  witness,  and  no  technical  or 
formal  exception  to  any  process,  indictment,  or  other  pleading  shall  avail 
the  defendant,  but  each  case  shall  be  tried  and  adjudged  according  to  the 
Penalty  for  giv- merits,  without  any  regard  to  form:  Provided,  That  any  one  who  shall 
wilfully  and  maliciousby  give  false  information,  as  the  basis  of  a  prosecution 
under  this  Act,  shall  be  liable  to  indictment  therefor,  and  shall,  on  convic- 
tion thereof,  be  subject  to  the  penalties  of  this  Act. 

IV.  Corporations,  by  their  corporate  names,  and  corporators  of  incorpora- 
ted companies,  shall  be  liable  to  indictment  and  punishment  for  extortion 
under  this  /Vet;  and  when  corporations  are  indicted  and  convicted  of  ex- 
tortion, tbey  shall  be  liable  to  fine  as  aforesaid,  and  to  forfeiture  of  charter, 
at  the  discretion  of  the  Court. 


ing  false  infoi 
mation. 


Corporations 
liable. 


In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  .the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.   PORTER,   President  of  the   Senate. 

A.  P.  ALDRICH,   Speaker  House  of  Representatives. 


No.  4635.    AN  ACT  to   enforce  any   Proclamation   of  the  Governor  pro- 
hibiting the  Exportation  of  Provisions. 

T.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Penalty  for        and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

violation  of  Gov-  c  ,....,  •  p 

ernor's  procia-   when  any  proclamation  of  the  Governor  prohibiting  the  exportation  or  pro- 
nation. J  r  .'■■*. 

visions  may  be  of  force,  if  any  person  exports  such  provisions  contrary  to 

the  true  intent  and  meaning  of  such  proclamation,  he  or  she  shall  be  liable 
to  indictment,  and  on  conviction,  shall  be  fined  in  an  amount  not  less  than 
twice  the  market  value  of  the  article  at  the  time  of  sentence;  nor  shall  any 
such  person  on  arrest  to  answer  be  discharged,  unless  he  or  she  enter  into 
recognizance  for  his  appearance  at  the  next  term  of  the  Court  of  General 
Sessions,  with  two  or  more  good  sureties,  in  a  sum  not  less  than  twice 
the  market  value  of  the  article  exported. 

II.  That  if  aDy  person  shall  attempt  to  export,  as  aforesaid,  any  provisions 
contrary  to  the  true  intent  and  meaning  of  such  proclamation,  on  informa- 
tion given  to  any  Magistrate  of  the  District  in  which  the  person  so  offending 
may  reside,  or  be  taken,  as  hereinafter  provided,  such  Magistrate  may  issue 


Duties  of 
Magistrates 


OF  SOUTH  CAROLINA.  145 

his  warrant,  directed  to  the  Sheriff,  Constable,  or  an}T  citizen  of  the  said  a.d.«62,3p. 
District,  authorizing  the  arrest  of  such  person;  and  on  failure  of  such  per-  ^""~y"~ — ' ' 
son  to  enter  into  recognizance,  with  two  or  more  good  sureties,  for  appear- 
ance at  the  next  Court  of  General  Sessions  appointed  for  such  District,  to 
anwer  to  an  indictment  for  such  attempt,  in  not  less  than  double  the  market 
value  of  the  articles  proposed  to  be  carried  beyond  the  State,  the  Magistrate 
may  commit  the  party  offending  to  jail,  to  be  held  to  answer  the  indictment, 
and  on  conviction,  to  be  fined  and  imprisoned  at  the  discretion  of  the  Court. 

III.  In  case  of  proceedlna;  under  the  second  section  of  this  Act,  it  shall  Articles  to  be 

seized. 

be  the  duty  of  the  officer  or  person  authorized  to  arrest,  to  seize  the  articles 

so  attempted  to  be  exported,  and  deliver  them  to  the  Sheriff'  of  the  District, 

who  shall  securely  retain  the  same  uutil  the  indictment  is  disposed  of;  and  Fines  paid  to 

the  Judjre  by  whom  the  offendinsr  party  may  be  sentenced  for  violation  of  Wards' of 

.  .  .     Relief, 

any  of  the  provisions  of  this  Act,  shall  order  the  fine  imposed  to  be  paid 

over  to  the  "Soldiers'  Board  of  Relief"  of  such  District. 

lAr.  That  on  affidavit  made  by  any  such  Sheriff  that  the  articles  seized  Perishable 
are  perishable,  it  may  be  lawful  for  any  of  the  Judges  of  the  Courts  of  Law  sold. 
to  order  the  sale  of  such  articles  for  cash  at  the  Court-House,  on  any  day, 
after  fifteen  days'  notice,  by  advertisement  iu  a  newspaper,  if  any  be  pub- 
lished in  such  District;  if  not,  by  written  notice  in  three  conspicuous  places 
in  the  same,  and  on  receipt  of  the  proceeds  of  the  sale,  after  retaining  the 
cost  of  the  advertisement  and  five  per  cent,  on  such  proceeds,  the  said 
Sheriff  shall  pay  the  balance  into  Court. 

V.  That  in  case  the  said  party  is,  on  trial,  acquitted,  the  articles  so  seized,  Recovery  in 
or  the  proceeds  of  the  sale,  authorized  in  the  fourth  section  of  this  Act,  tai. 
shall,  by  order  of  the  Court,  be  delivered  over  to  such  party,  who  shall  also 

have  a  claim  against  the  State  for  the  interest  on  the  market  value  of  the 
said  articles  from  the  day  they  may  be  so  seized ;  and  for  compensation  in 
case  of  a  sale  having  been  made,  for  the  amount  paid  out  of  the  proceeds 
for  the  advertisement  and  per  centage  allowed  the  Sheriff. 

VI.  That  on  conviction  of  the  person  or  persons  offending  against  the  Proceedings 
second  section  of  this  Act,  the  articles  seized,  in  case  no  sale  has  been  tion.  , 
ordered  by  them,  as  before  provided,  shall  be  sold  for  cash  by  the  Sheriff, 

at  such  time,  place,  and  notice,  as  the  Judges  passing  sentence  may  direct, 
and,  after  deducting  from  the  proceeds  of  such  sale  the  costs  of  the  notice, 
and  five  per  centum  for  the  Sheriff,  the  balance  shall  be  paid  to  the  Clerk, 
and  by  him  be  received  on  account  of  the  fine  imposed  by  the  said  Judge; 
and  in  the  event  of  a  sale  having  been  made,  as  provided  by  the  fourth 
Section  of  this  Act,  the  amount  paid  into  Court,  as  thereby  required,  shall 
be  received  on  account  of  the  fiue  imposed. 

VII.  That  for  the  purpose  of  more  fully  carrying  into  effect  the  provisions  Governor  may^ 
of  this  Act,  the  Governor  may,  whenever  he  thinks  proper,  appoint  one  or 

19 


146  STATUTES  AT  LARGE 

A.  D.  1862 '3.    more  persons  in  each  District,  whose  duty  it  shall  be  to  see  that  prosecutions 
^"— v~""/    are  commenced  against  offenders,  which  agents  shall  be  paid  out  of  the 

contingent  fund  a  compensation  by  him  regarded  adequate  for  the  services 

they  may  render. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICII,  Speaker  House  of  Representatives. 


No.  4636.       AN  ACT  to  punish  Purchasing  under  Assumed  Authority. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Punishment  for  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  if 
any  person  contracts  for  or  purchases,  or  attempts  to  contract  for  or  pur- 
chase, any  cotton  or  provisions,  pretending  and  professing  to  be  acting  for 
and  on  behalf  of  the  Confederate  Government,  or  of  some  State,  when  in 
fact  he  has  no  authority  to  act  as  such  agent,  he  shall  be  liable  to  indict- 
ment, and  on  conviction,  fined  and  imprisoned  at  the  discretion  of  the 
Court.  »» 

Onus  on  JJ,  That  on  trials  on  such  indictments,  the  onus  shall  be  on  the  defend- 

defendant.  .  .       ' 

ant  to  prove  the  authority  under  which  he  professed  to  act  in  so  contract- 
ing or  purchasing,  or  attempting  so  to  do. 

In  the  Senate  House,  the  tenth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  Mouse  of  Representatives. 


OF  SOUTH  CAROLINA.  147 

AN   ACT   TO   ABOLISH   THE   EXECUTIVE  COUNCIL  ESTABLISHED   BY  THE     A.D.1862'3. 

Ordinance  op  the  Convention  entitled  "An  Ordinance  for  Vs" — ^~~i 
Strengthening  the  Executive  Department  during  the  exigen-  ^°'  ®  ' ' 
cies  op  the  present  war." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Council  aboi- 
the  Executive  Council  established  by  the  Ordinance  of  the  Convention 
entitled  "  An  Ordinance  for  strengthening  the  Executive  Department 
during  the  exigencies  of  the  present  war,"  ratified  the  seventh  day  of 
January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
two,  be,  and  the  same  is  hereby,  abolished. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AN    ACT   TO    DECLARE     THE    LAAV    IN    RELATION   TO   THE   PROCEEDINGS     No.  4638. 

of  TnE  Executive  Council. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Acts,  Ac,  of  no 
the  several  Acts,  Proceedings,  Resolutions  and  Orders  of  the  Executive 
Council,  as  contained  in  the  book  of  records  of  said  Council,  transmitted 
by  them  to  the  General  Assembly,  have  not  and  shall  not  have  the  force 
and  effect  of  law :  Provided,  That  nothing  herein  contained  shall  be  so 
construed  as  to  abrogate  or  repudiate  any  contract  or  contracts  made  or 
entered  into  with  the  said  Executive  Council. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


148  .  STATUTES  AT  LARGE 

A.D.1862'3.      AN    ACT     FOR     THE    APPOINTMENT    OF    COMMISSIONERS     OF   THE    POOR" 

*"" — v~~~ J  for  Lancaster  District. 

No.  4639. 

I.  Be  it  evaded  by  the  Senate  and  House  of  Representatives,  now  met- 
commissioners  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
Allen  Morrow,  Irvin  Clinton,  and  W.  B.  Nelson,  be,  aud  they  are  hereby, 
appointed  Commissioners  of  tbe  Poor  for  Lancaster  District,  who.  together 
with  Jesse  B.  Mobley  and  Thomas  L.  Clyburn,  who  hare  been  elected  by 
the  people,  shall  constitute  the  Board  of  Commissioners  of  the  Poor  for  said 
District,  until  the  next  regular  election  for  members  of  the  General  Assem- 
bly of  this  State. 

In  the  Senate  House,  the  sixth  day  of  lfebruarj\  in  the  year  of  our  Lord 
one   thousand   eight  hundred   and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
"**      South  Carolina. 

W.  D.  PORTER,  President  of  the   Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives, 


No.  4640.  AN  ACT  to  continue  in  force  an  Act  entitled  "  An  Act  to 
extend  Relief  to  Debtors,  and  to  prevent  the  sacrifice  otf 
Property  at  public  sales." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Act  continued  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
an  Act  entitled  a  An  Act  'to  extend  relief  to  debtors,  and  to  prevent  the 
sacrifice  of  property  at  public  sales/'  ratified  on  the  twenty-first  day  of  De- 
cember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-one, 
be,  and  the  same  is  hereby,  continued  of  force  until  the  adjournment  of 
the  next  session  of  the  General  Assembly  of  this  State. 

Fines  of  Courts      II.  And  be  it  further  enacted,  That  all  fines   imposed  by  the   Courts  of 
excepted.  .  . 

Sessions  and  Common  Pleas  of  this  State  be  excepted  from  the  operation  of 

said  Act ;  and  that  all  such  fines  shall  be  collected  as  heretofore  provided 

by  law. 
Common  car-         III.  That  the  provisions  of  the  said  Act  shall  not  extend  to  common 

carriers,  where  they  fail  in  their  duties  or  liabilities  as  common  carriers. 
Gaming.  IV.  That  the  said  Act  is  not  intended  to  interfere  with  any  right  to  sue, 

or  remedy  now  afforded  by  law  for  the  recovery  of  money  lost  by  gaming. 


OF  SOUTH  CAROLINA.  149 

V.  That  the  said  Act  shall  not  protect  from  suit  or  other  process  any    A. D.i862'3. 
Tax    Collector,  Sheriff,   Master  or  Commissioner  in    Equity,  Ordinary,  or    k~*~~y~~~,/ 

_,      .       „   .      n  „  _.  „,  .   _.  in-  1  •        Officers  not 

(Jlerk-oi  the  Court  ot  Common  Pleas  and  Greneral  cessions,  or  their  sureties,  protected. 
who  has,  or  may  hereafter  receive  any  money  belonging  either  to  the  State, 
District  Boards  of  Commissioners,  or  individual  citizens,  and  has  failed  or 
shall  hereafter  fail  to  pay  over  the  same  on  demand  being  made  to  do  so. 

VI.  That  the  provisions  of  the  said  Act  shall  not  embrace  fines  imposed  Courts  Martial. 
by  Courts  Martial,  or  by  municipal  authority. 

In  the  Senate  House,  the  sixth  dajT  of  PebrUaty,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.   D.   PORTER,   President  of  the   Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives, 


AN  ACT  to  riiovTnrc  for   the  anointment  of  Commissioners  op    No.  46-11. 
the  Poor  for  Darlington  District  and  for  Chesterfield  Dis- 
trict. 

Whereas  at  the  last  general  election   holden  for  Darlington  District,  freambie, 
there  was  a  failure  to  elect  Commissioners  of  the  Poor  for  said  District,  for 
remedy  thereof: 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met  For  Dariingtoni 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
James  P.  Wilson,  Robert  Huggins,  E.  Augustus  Law,  A.  Nelson  Stuckey, 
and  Jesse  Keith  be,  and  they  are  hereby,  appointed  Commissioners  of  the 
Poor  in  and  for  the  District  of  Darlington  ;  and  that  John  C.  Evans,  Thomas  For  chester- 
W.  Robeson,  John  S.  Miller,  James  B.  Bell  and  James  Funderburk  be, 
and  they  are  hereby,  appointed  Commissioners  of  the  Poor  in  and  for  the 
District  of  Chesterfield,  to  continue  in  office  until  the  next  general  election; 
and  they  are  hereby  invested  with  all  the  powers,  and  subject  to  all  the 
penalties  that  Commissioners  of  the  Poor  by  law  now  are. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


150  STATUTES  AT  LARGE 

A.  D.  1852 '3.      AN    ACT    TO   AUTHORIZE    THE    BANK    OF   THE    STATE     TO    INCREASE   ITS 

V*~ ' ~v-~"'/  issue  of  Small  Bills. 

No.  4642. 

I.  Be  it  enacted  by  the  Senate   and  House  of  Representatives,  now  met 

Bank  may  in-     and  sitting  in  General  Assembly,  and  by  tbe  authority  of  the  same,  That 

fTt^itS*3  i^^UG  of 

small  bills.  the  Bank  of  the  State  of  South  Carolina  be  authorized  to  issue  and  keep  in 
circulation  bills  of  A  denomination  of  less  than  one  dollar,  to  the  extent  of 
five  hundred  thousand  dollars,  in  addition  to  those  now  issued  :  Provided, 
That  the  said  bills  shall  be  made  payable  in  current  funds,  and  be  -paid  out 
for  Confederate  and  other  current  issues. 

Limitation.  jj    fnat  ^c  provisions  of  this  Act  shall  cease  and  determine  within  one 

year  from  the  date  of  the  ratification  of  a  treaty  of  peace  between  the  Con- 
federate States  and  the  United  States  of  America. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  P.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives, 


No.  4643.    AN  ACT  to  incorporate  with  uniform  rights,  powers,  and  priv- 
ileges Protestant  Episcopal  Congregations  in  South  Carolina. 

I.  Be  it,  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Church  may      and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
poutk?  and  °  y  hereafter,  when  any  male  adults,  being  not  less  than  twelve  in  number,  in 
coipora  e.         ^<g  gtate^  s}ia]]  desire  to  associate  themselves  together  for  the  purpose  of 
forming  a  Church,  according  to  the  doctrine,  discipline,  and  worship  of  the 
Protestant  Episcopal  Church  in  this  State,  they  shall  be  allowed  to  do  so 
by  filing  with  the  Clerk  of  the  Court  of  Common  Pleas  and  General  Ses- 
sions, for  the  District  in  which  the  said  applicants  reside,  a  written  state- 
ment of  such  purpose  and  intention,  signed  by  them,  and  sitting  forth  the 
name  of  their  Church  and  the  style  of  their  corporation,  which  statement 
shall  be  recorded  in  the  said  Clerk's  office,  and  on  receiving  his  certificate 
thereof,  they  shall  become  a  body  politic  and  corporate,  for  the  purpose 
aforesaid,  and  shall  be  known  by  the  name  and  style  designated  in  their 
said  written  statement. 


OF  SOUTH  CAROLINA.  151 

II.  That  the  said  corporations  shall,  by  their  respective  corporate  names,    a.d.is62's. 
have  succession  of  officers  and  members,  according  to  their  respective  by-    v—"~v™-'' 
laws,  and  shall  have  power  to  make  all  by-laws,  rules  and  regulations  lor  privileges. 
their  government,  not  repugnant  to  the  laws  of  South  Carolina,  or  the  Con- 
stitution, canons,  and  other  regulations  of  the  Protestant  Episcopal  Church 

in  the  same;  to  have  and  to  keep  and  use  a  common  seal,  and  the  same 
alter  at  will;  to  sue  and  be  sued,  plead  and  be  impleaded,  in  any  Court  of 
this  State,  and  to  have  and  enjoy  every  right  incident  to  incorporations. 

III.  They  shall  also  be  empowered,  severally,  to  retain,  possess,  and  enjoy  May  hold 
all  such  property,  real  or  personal,  as  they  may  respectively  be  possessed  of, 

or  in  any  wise  entitled  unto,  or  which  shall  hereafter  be  given,  bequeathed, 
or  in  any  way  acquired  by  them,  and  to  sell,  alien,  and  in  any  way  transfer 
the  same,  or  any  part  thereof. 

IV.  Any  congregation  of  the  Protestant  Episcopal  Church  already  in-  Existing 

•  •     a      .*    o       ••  ...  n .»    »       i  Churches  may 

corporated  in  south  Carolina  may,  on  expiration  or  their  charter,  or  at  any  become  bodies 

time  before,  if  they  see  proper  to  surrender  their  charter,  become  a  body 
politic  and  corporate,  under  the  provisions  of  this  Act,  by  making  known 
their  intentions  to  do  so,  according  to  the  provisions  of  the  first  section  of 
the  same. 

V.  Charters  secured  or  renewed  under  this  Act  shall  be  perpetual,  sub-  Charters  per- 
ject,  however,  to  the  power  of  the  General  Assembly  to  repeal  or  alter  the 
same. 


petual. 


In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


an  act  to  renew  and  amend  the  charter  of  tne  swedish  iron    no.  4644. 
Manufacturing   Company  of  South  Carolina,  and  to  change 
the  name  thereof. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Charter  ex- 
the  Act  incorporating  the  Swedish  Iron  Manufacturing  Company  of  South 
Carolina,  passed  on  the  twentieth  day  of  December,  in  the  year  of  our  Lord 


152 


STATUTES  AT  LARGE 


Privileges  and 
obligations. 


A.  D.  1862'3.     one  thousand  eight  hundred  and  fifty,  be,  and  the  same  is  hereby,  continued 
v""~,v^~"/     of  force  for  the  term  of  twenty  years  from  and  after  the  twentieth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty- 
four,  when  their  present  charter  would  expire. 
Name  changed.      II.  That  the  name  and  style  of  the  said  company  shall  be,  and  the  same 
is  hereby,  changed  to  the  Magnetic  Iron  Company  of  South  Carolina. 

III.  That  the  Magnetic  Iron  Company  of  South  Carolina  shall  be  entitled 
to  all  the  property,  rights  and  claims,  and  be  liable  for  all  the  debts  and 
obligations,  of  the  Swedish  Iron  Manufacturing  Company  of  South  Caro- 
lina, and  shall  also  possess  and  enjoy  the  same  powers  and  privileges,  and 
be  subject  to  the  same  restrictions  and  limitations,  as  are  granted  to  or  im- 
posed upon  the  aforesaid  Swedish  Iron  Manufacturing  Company  by  the  Act 
of  Incorporation  hereinbefore  referred  to. 

IV.  That  the  said  company,  under  their  new  name  aforesaid,  shall  have 
power  to  subdivide  their  capital  stock  into  shares  of  the  value  of  one  hun- 
dred dollars  each,  and  may  increase  their  capital  to  any  sum  not  exceeding- 
five  hundred  thousand  dollars. 


May  increase 

capital. 


In  the  Seriate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,   Speaker  House  of  Representatives. 


No.  4645.    AN  ACT  to  vest  in  the  Confederate  Government  a  part  of  the 
Columbia  Canal,  for  the  term  of  twelve  years. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Canal  vested  in  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
States.    '  the   part  of  the   Columbia  canal,  together  with   the  lands  owned  by  the 

State  on  both  sides  thereof,  from  Bull's  sluice  to  the  Columbia  bridge,  be 
vested  in  the  Confederate  States  of  America  for  the  term  of  twelve  years 
from  and  after  the  nineteenth  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-four,  for  the  purpose  of  erecting 
suitable  buildings  and  machinery  for  a  powder-mill,  and  continuing  such 
as  may  be  then  erected,  and  the  free  use  of  the  water-power  for  propelling 
the  necessary  machinery,  and  with  authority  to  exact  and  receive  such  tolls 


OF  SOUTH  CAROLINA.  153 

according  to  the  rates  established  bylaw:  Provided,  That  the  said  Con-     A.  D.  1862 '3. 
federate  Government  shall  keep  the  said  canal  in  good  boating  order,  and     v~~~~v~~"'' 
cause  an  outlet  or  wasteway  to  be  at  all  times  kept  open  at  the  low  end  of  keep  canal  in 
said  canal,  so  as  to  prevent  the  stagnation  of  water  therein  :  Provided,  also, 
That  any  owner  of  lands  or  lot  on  said  canal,  situated  below  the  point  fixed 
in  the  first  part  of  this  section,  shall  have  all  the  privileges  of  using  the 
water  in  said  canal  as  heretofore  allowed  by  law.  » 

II.  That  the  State  reserves  the  right  at  any  time  to  resume  its  control  when  state 

i  P  ,,  ,  ^  -,-,    ...        ,    .  .     .  may  resume 

over  that  part  ot  the  canal  situate  between  .mill  s  sluice  and  the  nearest  control, 
building  thereto  which  may  be  erected  for  the  u?e  of  the  powder-mill,  and 
to  lease  the  same,  or  any  part  thereof,  for  the  erection  of  buildings  for 
manufacturing  purposes,  or  to  use  the  water  for  any  purpose  whatever: 
Provided,  The  same  does  not  interfere  with  this  grant  of  privilege  to  the 
Confederate  Government;  and  if  the  said  Confederate  Government  shall  at 
any  time  abandon  the  use  of  said  canal  and  the  buildings  and  machinery 
erected  for  the  purposes  aforesaid,  for  a  period  of  one  year,  or  suffer  the 
water  iu  said  canal  to  become  stagnant  for  an  unreasonable  time,  calculated 
to  produce  sickness,  then  the  rights  and  benefits  hereby  conferred  upon 
the  Confederate  Government  shall  revert  to  the  State. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  tlie  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICII,   Speaker  House  of  Representatives. 


AN  ACT  to  Incorporate  the  Carolina  Cotton  and  Woolen       No.  4646. 

Factory. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Corporators. 
Archibald  S.  Johnston,  William  Davidson,  William  C.  Courtney,  John 
Ferguson,  William  Lebby,  Theodore  D.  Wagner,  George  S.  Cameron,  Don- 
ald L.  McKay,  and  William  B.  Hcriot,  and  their  associates  and  successors, 
arc  hereby  made  and  created  a  body  politic  and  corporate  in  law,  by  the 
name  of  the  Carolina  Cotton  and  Woolen  Factory,  for  the  purpose  of  manu-  Name, 
facturing,  bleaching,  dyeing,  printing  and  finishing  all  goods  of  which 
20 


154  STATUTES  AT  LAEGE 

A. D.1862'3.     cotton,  wool,  or  other  fibrous  articles  ma}- form  a  part,  and  fur  procuring  all 

^    v~ """/     machinery  used   for  such   purposes,  and   also  for   the  transaction  of  such 

business  as  may  be  necessarily  connected   therewith,   and   may  erect  such 

mills  and  other  works  as  may  be  required  to  carry  on   such  branches  of 

Capital.  manufacture;  and  they  shall  have  power  to  raise,  by  subscription,  in  shares 

of  one  hundred  dollars  each,  a  capital  of  one  hundred  and  fifty  thousand 

dollars. 

May  hold  real        II.  That  the  said  corporation  may  purchase  and  hold  such  real  estate 

estate,  . 

as  may  be  required  for  their  purposes,  or  such  as  they  may  be  obliged  or 
deem  it  for  their  interest  to  take  in  the  settlement  of  any  debts  due  the 
said  corporation,  and  may  dispose  of  the  same,  and  may  sue  and  be  sued  in 

May  make  by-  all  Courts  of  Law  and  Equity  in  this  State;  may  have  and  use  a  common 
seal,  and  make  such  by-laws  for  their  regulation  and  government  as  they 
may  deem  proper :  Provided,  That  such  by-laws  are  not  inconsistent  with 
the  Constitution  and  laws  of  the  Confederate  States  and  of  this  State. 

When  to  go  III.  That  the  said  corporation  shall  not  go  into  operation  until  seventy- 

five  thousand  dollars  of  the  capital  stock  shall  be  paid  up  in  the  current 
bank  notes  of  this  State  or  in  the  current  notes  of  the  Treasury  of  the 
Confederate  States,  and  an  oath  or  affirmation  thereof  shall  be  made  by  the 
President,  Treasurer,  and  a  majority  of  the  Board  of  Directors,  which  shall 
be  recorded  in  the  Secretary  of  State's  office,  and  published  in  at  least  two 
respectable  newspapers  in  the  State,  one  as  near  the  establishment  as  circum- 
stances will  admit,  the  other  in  the  City  of  Charleston,  and  this  shall  be 
repeated  after  the  payment  of  each  instalment,  until  the  whole  capital  is 
paid  in. 

Personal  lia-  IV-  That  the  members  of  the  said  corporation  shall  be  liable,  jointly  and 

1  lty-  severally,  for  all  debts  and  contracts  made  by  such  corporation  until  the 

whole  amount  of  the  capital  stock  authorized  to  be  subscribed,  as  aforesaid, 
shall  have  been  actually  paid  in,  and  no  note  or  obligation  given  by  any 
stockholder,  whether  secured  by  pledge  of  the  stock  in  such  corporation  or 
otherwise,  shall  be  considered  as  payment  of  the  capital  stock  until  such 
note  or  obligation  shall  have  been  actually  paid. 

stock  personal      V.  That  the  capital  stock  of  said  corporation  shall  be  deemed  personal 

piopei  y.  property,  and  be  transferable  upon  the  books  of  the  said  corporation,  and 

•■  no  part  of  the  said  capital  stock  shall  at  any  time,  or  upon  any  pretence 
whatever,  be  loaned  to  or  divided  among  the  stockholders,  neither  shall  the 
capital  be  withdrawn  or  divided  among  the  stockholders  until  all  the  liabil- 
ities of  the  corporation  are  lawfully  paid;  and  no  dividends  shall  be  declared 
except  from  the  net  earnings  of  the  corporation. 

Votes.  VI.  That  each  stockholder  shall  have  one  vote  for  each  share  he  may  own 

or  represent  at  the  election  of  Directors,  and  at  all  meetings  of  the  corpo- 
ration. 


OF  SOUTH  CAROLINA.  155 

VII.  That  if  the  proprietor  of  any  share  or  shares  shall  neglect  to  pay     A.  D.iso.2-3. 
any  instalment  assessed  thereon,  for  the  space  of  thirty  days  after  the  time     *"■ m~r~—' 
appointed  for  the  payment  thereof,  the  Treasurer  of  the  corporation,  by  negleclio pay 
order  of  the  Board  of  Directors,  may  sell,  by  public  auction,  a  sufficient  ms  a  men  s" 
number  of  such  delinquent's  shares  to  pay  all  instalments  then  due  from 

him,  with  all  necessary  incidental  charges.  The  Treasurer  shall  give  notice 
of  the  time  and  place  of  sale,  and  of  the  sum  due  on  each  share,  by  adver- 
tising the  same  three  weeks  successively  before  the  sale  in  some  newspaper 
which  may  be  published  near  the  vicinity  of  the  establishment,  and  a  bill 
of  sale  of  the  shares  so  sold,  made  by  the  Treasurer,  shall  transfer  said 
stock  to  the  purchaser,  who  shall  be  entitled  to  a  certificate  thereof. 

VIII.  That  the  persons  named  in  the  first  section  of  this  Act,  or  a  ma-  nooks  (obe 
jority  of  them,  may  open  hooks  of  subscription   for  the   capital  stock,  in  opeut 
such  manner  as  they  may  deem  expedient,  and  whenever  such  subscriptions 

shall  amount  to  fifty  thousand  dollars,  the  stockholders,  having  had  two 
weeks'  notice  in  writiug,  may  meet  and  proceed  to  elect  a  Board,  consisting 
of  a  President  and  six  Directors,  for  conducting  the  affairs  of  the  corpora- 
tion, they  to  hold  office  until  their  successors  shall  be  elected;  and  said 
President  and  Directors,  or  their  successors,  shall  have  power  to  dispose  of 
any  remainder  of  such  stock  which  may  not  have  been  subscribed  for,  in 
such  manner  and  at  such  times  as  they  may  deem  fit. 

IX.  That  the  President  and  Directors  shall   submit  to  the  stockholders  Annual  state- 
annually  a  written  statement,  under  the  oath  or  affirmation  of  the  Treasurer 

of  the  corporation,  setting  forth  the  amount  of  capital  stock  paid  in,  and 
the  general  assets  of  the  corporation,  and  also  the  amount  of  all  their  exist- 
ing debts,  which  statement  shall  be  published  in  a  newspaper  located  nearest 
the  factory. 

X.  That  the  service  of  any  process  of  any  Court  of  this  State  shall  be  service  of  pro- 
legal  and  valid  on  said  corporation,  if  the  same  shall  be  left  at  the  factory :  cess* 
Provided,  The  President  of  the  corporation  is  absent  from  and  beyond  the 

limits  of  the  District  in  which  the  said  factory  is  established. 

XI.  That  this  Act  shall  continue  in  force  for  fourteeu  years;  and  no  part  Limitation. 
of  the  capital  stock,  nor  any  of  the  fuuds  of  the  said  corporation,  shall  at  hibited8  pr°" 
any  time  during   the  continuance  of  this  charter  be  used  or   employed, 
directly  or  indirectly,  in  banking  operations,  or  for  any  purpose  whatever 
inconsistent  with  this  Act. 

XII.  That  the  total  amount  of  the  debts  which  the  said  corporation  shall  Debts  limited. 
at  any  time  owe,  shall  not  exceed  the  amount  of  their  capital  stock  actually 

paid  in ;  and  in  case  of  excess,  the  President  and  Directors  under  whose 
administration  it  shall  happen,  shall  be  jointly  and  severally  liable,  in  their 
natural  capacities.     The  President  or  any  of  the  Directors  who  may  have 


156  STATUTES  AT  LARGE 

a.d.1862'3.    been  absent  when  such   excess  was  created,  may  respectively   exonerate 
v*'^~y^~^'     themselves  from  being  so  liable,  by  forthwith  ^giving  notice  of  the  fact  to  the 

stockholders  at  a  general  meeting,  which  they  shall  have  power  to  call  for 

that  purpose. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICII,   Speaker  House  of  Representatives. 


No.  4647.    AN  ACT  to  grant  the  Aid  of  the  State  to  the  Cheraw  and  Coal 

Fields  Railroad  Company. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Terms  of  grant,  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
whenever  satisfactory  proof  is  produced  to  the  Comptroller  General  that 
three  hundred  and  twenty  thousand  dollars  are  duly  subscribed,  by 
responsible  persons  or  corporate  bodies,  to  the  capital  stock  of  the  Cheraw 
and  Coal  Fields  Railroad  Company,  and  that  said  company  has  been  duly 
organized,  he  is  hereby  authorized  to  subscribe,  on  the  part  of  the  State, 
three  hundred  and  twenty  thousand  dollars  to  the  capital  stock  of  the  said 
company,  to  be  paid  in  the  stock  held  by  the  State  in  the  North-Eastern 
Railroad  Company  and  the  Cheraw  and  Darlington  Railroad  Company,  at 
the  par  value  thereof.  And  that  he  take,  in  the  name  of  the  State,  a  cer- 
tificate from  the  said  company  for  the  stock  so  subscribed;  and  the  said 
Cheraw  and  Coal  Fields  Railroad  Company  shall  receive  the  stock  given  by 
the  State  in  payment  at  par,  and  without  any  recourse  whatever  against  the 
State, 
stock,  how  II.  That  the  stock  shall  be  paid  in  the  manner,  and  subject  to  the  terms 

Sons,  &c  and  conditions,  hereinafter  expressed,  to  wit :  whenever  satisfactory  proof 

shall  be  produced  to  the  Comptroller  General  that  the  sum  of  one  hundred 
thousand  dollars  shall  have  been  expended  in  the  construction  of  said  road, 
he  shall  transfer  and  deliver  to  said  company  so  much  of  the  stock  in  the 
North-Eastern  Railroad  Company  as  shall  amount  at  its  par  value  to  one 
hundred  thousand  dollars.  And  when  similar  proof  shall  be  produced  to 
the  Comptroller  General  that  one  hundred  thousand  dollars  more  shall  have 


OF  SOUTH  CAROLINA.  157 

been  expended,  as   aforesaid,   be  shall  transfer  and   deliver   one   hundred     A. iniaJS'fc 

thousand"  dollars  in  the  stock  of  the  Cheraw  and  Darlington  Railroad  Cora-     ^^    sr~—-> 

pany,  taken  at  its  par  value;  and  when,  in  like  manner,  one  hundred  and 

twenty  thousand  dollars  more  shall   have  been   expended,   and  the   proof 

furnished  in   the  manner  as  aforesaid,  then  the  Comptroller  General  shall 

transfer  and  deliver  to  said  company  the  whole  remainder  of  the  stock  of 

the  North-Eastern  Railroad  Company,  amounting  at  par  to  one  hundred  and 

twenty  thousand  dollars. 

III.  That  the  State  shall  in  no  way  whatever  be  liable  for  the  debts  and  state  not  liable. 

contracts  of  the  said  Railroad  Company,  nor  be  subject  to  any  assessment 

on  the  shares  held  in  its  capital  stock. 

# 
In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 

one  thousand  eight   hundred   and  sixty-three,   and  in    the   cightv- 

seventh  year  of  the  sovereignty  and  independence  of  thes  State  of 

South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICII,  Speaker  House  of  Representatives. 


AN     ACT    TO    CHARTER    THE     StlELBY    AND    BROAD    RlVER    RAILROAD     No.  46 1 8. 

Com  tan  y. 

"Whereas  it  is  highly  necessary,  for  the  full  development  of  the  iron  Preamble. 
resources  of  this  State,  that  mineral   coal   should  be   introduced  from  the 
nearest  mines  in  North  Carolina  : 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met  Company 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  corpora€  " 
for  the  purpose  of  establishing  communication  by  railroad  between  the 
States  of  North  Carolina  and  South  Carolina,  from  Shelby,  in  the  county  of 
Cleveland,  in  the  former  State,  to  such  points  on  the  Spartanburg  and 
Union  Railroad,  the  King's  Mountain  Railroad,  or  the  Charlotte  and  South 
Carolina  Railroad,  as  may  be  agreed  on  by  the  stockholders,  the  formation 
of  a  corporate  company  is  hereby  authorized,  to  be  called  "The  Shelby  and 
Broad  River  Railroad  Company;"  which  company,  when  formed  in  com- 
pliance with  the  conditions  herein  prescribed,  shall  have  corporate  exist- 
ence as  a  body  politic. 

IT.  That  the  capital  stock  of  said  company  shall  be  five  hundred  thou- Capital  stock. 
sand  dollars,  in  five  thousand  shares  of  oue  hundred   dollars  each;  and  for 


158        s  STATUTES  AT  LARGE 

A.  D.isa2-3.  the  purpose  of  raising  the  same,  the  Comptroller  General  is  authorized,  on 
Y  the  application  of  any  person  interested  in  the  construction  of  said  railroad, 

to  require  the  opening  of  books  of  subscription  at  such  places,  at  such  times, 
and  by  such  persons,  as  he  may,  by  publication,  appoint;  upon  which  sub- 
scription there  shall  be  paid,  at  the  time  of  subscribing,  the  sum  of  five 
dollars  on  each  share  subscribed;  which  payment  may  be  made  in  notes  of 
any  of  the  Banks  of  North  or  South  Carolina,  in  Treasury  notes,  or  in  any 
currency  of  the  Confederate  States;  and  in  default  of  such  payment,  the 
subscription  of  the  person  so  iu  default  shall  be  void. 

Organization.  HI.  That  when  satisfactory  evidence  shall  be  furnished  to  the  Comp- 
troller General  that  fifty  thousand  dollars  of  the  capital  stock  of  said 
company  has  been  subscribed,  he  shall,  by  publication,  convene  a  mcetiug 
of  the  subscribers  for  the  organization  of  the  company,  at  such  time  and 
place  as  may,  in  his  judgment,  suit  the  convenience  of  the  subscribers;  at 
which  meeting,  and  at  every  annual  meeting  thereafter,  there  shall  be  elected 
a  Board  of  seven  Directors,  three  of  whom,  at  least,  shall  be  citizens  of 
this  State,  and  three,  at  least,  citizens  of  the  State  of  North  Carolina. 

Privileges  and        XV.  That  the  Company,  when  so  organized,  shall  be,  and  they  are  here- 

habilities.  . 

by,  declared  a  body  politic  and  corporate,  by  the  name  and  style  of  "  The 
Shelby  and  Broad  River  Railroad  Company,"  aud  by  that  name  shall  be 
capable,  in  law  and  equity,  of  purchasing,  holding,  selling,  leasing,  and  con- 
veying estates,  real,  personal,  and  mixed,  and  acquiring  the  same  by  gift  or 
devise,  so  far  as  may  be  necessary  for  the  purposes  embraced  within  the 
scope  and  object  of  their  charter;  shall  have  succession  of  officers  and 
members;  by  their  corparate  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded in  any  Court  of  Law  or  Equity ;  may  have  and  use  a  common  seal ; 
may  make  all  such  by-laws,  rules  and  regulations  as  shall  be  deemed  neces- 
sary for  the  well-ordering  and  conducting  the  affairs  of  the  Company,  not 
inconsistent  with  the  laws'  of  this  State  or  of  the  Confederate  States, 
company  to  V.  That  the  said  Company  are  hereby  authorized  to  construct  a  railroad 

'  from  such  points  on  either  the  Spartanburg  and  Union  Railroad,  the 
King's  Mountain  Railroad,  or  the  Charlotte  and  South  Carolina  Rail- 
road, as  the  stockholders  of  the  company  hereby  incorporated  may  select, 
towards  and  unto  the  North  Carolina  line,  on  the  route  that  may  be  fixed 
by  the  company,  leading  to  the  Wilmington  and  Rutherford  Railroad  iu 
North  Carolina,  at  or  near  the  village  of  Shelby,  in  the  said  State;  and 
that  for  the  purposes  aforesaid,  all  the  rights,  powers,  aud  privileges 
conferred  on  the  Charlotte  and  South  Carolina  Railroad  Company  by 
the  Act  entitled  "An  Act  to  charter  the  Charlotte  and  South  Carolina 
Railroad  Company,"  ratified  the  eighteenth  day  of  December,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty-six,  are  hereby  con- 
ferred on  the  said   Shelby  and  Broad  River  Railroad  Company,  subject  to 


OF  SOUTH  CAROLINA.  159 

the  same  conditions  and  restrictions,  except  so  far  as  the  special  provisions     A. I}cjLS62'3. 
of  this  Act  may  require  the  same  to  be  modified  or  varied.  v~~~"V~-'/ 

VI.  That  this  Act  shall  be  deemed  a  public  Act,  and  shall  continue  of  Limitation. 
force  for  the  term  of  ninoty-ninc  years. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.   D.   PORTER,  President,  of  the  Senate. 

A.   P.  ALDRICH,  Speaker  House  of  Representatives. 


AN  ACT  to  Incorporate  the  Wan  do,  Wamcaw  and  Winyaii  Canal    No.  4619. 

Company. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Name  and 
the  persons  who  shall  subscribe  In  the  manner  hereinafter  provided,  and 
their  successors,  shall  be  a  body  politic  and  corporate,  by  the  name  and 
style  of  "the  Wando,  Wanibaw  and  Wiuyah  Canal  Company,"  and  by  the 
name  and  style  aforesaid  shall  and  may  sue  and  be  sued,  plead  and  be 
impleaded;  and  the  said  company  shall  have  authority  to  make  such  rules  Rules  and 

...  .  .  .  .  .  pi  regulations. 

and  regulations,  and  appoint  such  officers  and  agents  ior  the  government 
and  management  of  their  affairs,  as  they  may  think  proper:  Provided,  Such 
rules  and  regulations  shall  not  be  repugnant  to  or  inconsistent  with  any 
law  of  force  in  this  State. 

II.  The  said   company  shall  have  power  and  authority  to  cause  a  com-  May  make 
munication  or  inland  navigation  by  a  canal  or  canals,  with  or  without  locks, 

to  be  made  through  such  places  as  to  them  shall  seem  most  fit  and  con- 
venient, from  Wando  river  to  Wambaw  creek,  and  also  from  the  South 
branch  of  Santee  river  to  the  North  branch  of  the  same,  and  from  the  said 
North  branch,  or  any  creek  communicating  therewith,  to  Winyah  Ray ;  Rates  of  toll, 
and  they  and  their  successors  forever  shall  and  may  fix  and  establish,  and 
may  be  entitled  to  take  and  receive,  by  way  of  toll,  for  all  goods  and  mer- 
chandise carried  on  or  through,  and  boats,  vessels  and  rafts  passing  on  or 
through  the  said  canals,  such  sums  or  rates  as  the  said  company  shall 
think  proper  to  impose;  and  the  said  company,  or  their  agents,  may  stop 
any  goods,  vessels,  boats  or  rafts  from  passing  on  the  said  canals  until  pay- 
ment of  the  said  toll. 


160 


STATUTES  AT  LARGE 


A.  D.  lj£2  '3, 


1^2' 


May  purchase 

lands. 


Parties  may  ap- 
peal. 


Stock  exempt 
from  taxation, 
Ac 


Penalty  for 
damage  to 
canal. 


Offenders  Li- 
able for  dam- 
ages. 


Company  may 
take  materials. 


Commissioners 
appointed. 


III.  The  said  company  shall  have  power  to  purchase,  for  themselves  and 
their  successors  forever,  such  lands  as  may  be  necessary  for  the  purpose 
aforesaid;  and  where  they  and  the  owners  of  the  said  lauds  cannot  agree 
upon  the  price,  to  take  the  said  lands  at  a  valuation  to  be  made  by  a 
majority  of  five  persons,  to  be  appointed  by  the  Court  of  Common  Pleas; 
which  land  shall,  on  payment  of  the  sums  at  which  it  shall  be  valued,  be 
vested  in  the  said  company  forever :  Provided,  however,  That  the  parties 
shall  have  the  same  right  of  appeal  from  such  valuation  as  is  provided  in 
similar  cases  by  the  charter  of  the  South  Caroliua  Railroad  Company,  and 
the  charters  of  the  other  railroad  companies  in  this  State;  and  the  said 
company  shall  also  have  authority  to  collect  and  reserve  water  for  the  use 
of  the  said  canals  aud  locks,  making  satisfaction  for  the  damages  done 
thereby;  the  said  damages  to  be  ascertained  in  the  manner  above  directed 
with  respect  to  the  value  of  land. 

IV.  The  shares  in  the  capital  stock  of  the  said  company  shall  be  ex- 
empted from  any  rate,  tax,  duty,  assessment  or  imposition,  until  the  profits 
and  dividends  of  said  company  shall  reach  ten  per  cent.;  and  the  said 
shares  shall  be  deemed  personal  estate,  and  may  be  sold,  transferred, 
assigned,  bequeathed  and  transmitted  as  such. 

V.  If  any  person  shall  wilfully  or  maliciously  cut,  break  down,  damage 
or  destroy  any  bank  or  other  work  to  be  erected  or  made  for  the  purpose  of 
the  said  navigation,  such  person  shall  be  liable  to  prosecution  by  indictment 
therefor,  and  upon  conviction,  shall  be  punished  by  fine  and  imprisonment 
at  the  discretion  of  the  court:  Provided,  That  the  fine  shall  not  exceed 
two  thousand  dollars,  nor  the  imprisonment  two  years.  And  if  any  person 
shall  do  any  of  the  acts  aforesaid,  or  shall  throw  earth,  trees,  logs  or  other 
rubbish  into  the  said  canals,  so  as  to  obstruct  or  injure  the  same,  such  per- 
sons shall  be  liable  to  the  said  company  in  a  civil  action  for  the  damages 
occasioned  thereby. 

VI.  The  said  company  shall  have  power  and  authority  to  use  any 
materials  in  the  vicinity  of  the  said  canals  for  making  the  same  or  the  said 
locks,  or  keeping  the  same  in  repairs,  paying  a  reasonable  price  for  the 
same,  which  price  shall  be  ascertained  in  like  manner  as  the  value  of  the 
land  which  the  company  may  take,  as  aforesaid,  in  case  they  and  the  owners 
of  the  said  land  cannot  agree  about  the  price  thereof. 

VII.  William  Lucas,  Gabriel  Manigault,  Stephen  D.  Doar,  Benjamin  P. 
Collum,  William  St.  J.  Mazyck,  William  C.  Bee,  Alexander  Robertson, 
James  G.  Henning,  Sextus  T.  Gaillard,  James  B.  Sparkman  and  Andrew 
Hasell,  are  hereby  appointed  Commissioners  for  receiving  subscriptions  to 
the  capital  stock  of  the  said  company ;  they  or  any  of  them  are  authorized 
to  receive  such  subscriptions,  at  such  times,  at  such  place  and  places  as  they 
may  appoint,  giving  due  notice  thereof.     No  subscription  shall  be  received 


OF  SOUTH  CAROLINA.  101 

for  any  less  sura  than  fifty  dollars.     Whenever  the  sum  of  thirty  thousand     a.  D.  1862  x 

dollars  shall  have  been  subscribed,  and  five  per  centum  of  the  amount  sub-      J"  v— - 

,   .      when  company 
scribed  paid  in,  the  rights  and  powers  hereby  conferred  shall  be  vested  in  may  organise. 

the  subscribers,  and  the  Commissioners   shall   give   notice  of  a  meeting  of 

the  same,  for  the  purpose  of  organizing  the  company.     The  said   company 

may  afterwards   receive   such    further   subscriptions   as   they  may  deem 

necessary. 

VIII.  This  Act  shall  be   deemed  and  taken  to  be   a  public  Act,  and  Public  Act. 

judicially  taken  notice  of  as  such  without  special  pleading. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-throe,  and  the  eighty- 
seventh  year  of  the  sovereignly  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.   P.  ALDRICII,   Speaker  House  of  Representatives. 


an  act  to  charter  the  palmetto  exporting  and  importing   no.  46">0. 

Company. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Corporators, 
11.  L.  P.  McCormick,  C.  T.  Mitchell,  J.  R.  Dukes,  L.  C.  Clifford,  Z.  B.  P' 
Oakes,  and  their  associates  and  successors,  be,  and  they  arc  hereby,  made 
a  body  corporate  and  politic  in  law,  by  the  name  of  "  The  Palmetto  Export- 
ing and  Importing  Company;"  and  the  said  company  shall  have  power  to 
export  produce  from  this  State  to  neutral  ports,  and  import  into  this  State 
from  neutral  ports  arms,  munitions  of  war,  and  other  commodities,  and  also 
to  bring  and  carry  mails  and  passengers  in  their  vessels. 

II.  The  capital  stock  of  said   company  shall  be  two  hundred  and  fifty  capital. 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  one  million 

of  dollars :  Provided,  Such  increase  shall  be  agreed  to  by  a  majority  in 
number  of  its  stockholders. 

III.  The  capital  stock  shall  be  raised  by  subscription,  in  shares  of  one  How  capital  to 
thousand  dollars  each;  but  the  said  company  shall  not  go  into  operation 

until  the  said  stock,  to  the  amount  of  at  least  two  hundred  thousand  dollars, 

has  been  paid  in  cash,  and  an  oath  or  affirmation  thereof  shall  have  been 

made  and  subscribed  by  the  President  of  the  company,  the  Treasurer  and 

Jl 


162 


STATUTES  AT  LARGE 


A.  D.  1862  '3. 


Board  of  Direc- 
tors. 


Personal  prop- 
erty. 


By-laws,  &c. 


Dividends. 


majority  of  the  Board  of  Directors,  which,  shall  he  lodged  and  recorded  in 
the  office  of  the  Secretary  of  State,  and  be  published  in  two  newspapers  of 
the  City  of  Charleston. 

IV.  The  affairs  of  the  company  shall  be  managed  by  a  Board,  consisting 
of  a  President  and  four  Directors,  who  shall  be  elected  in  such  manner  and 
for  such  periods  as  the  stockholders  may  prescribe. 

V.  The  said  capital  stock  shall  be  deemed  personal  estate,  and  the  com- 
pany may  hold  such  personal  property  as  may  be  necessary  for  the  purposes 
of  their  business,  and  may,  from  time  to  time,  sell  and  transfer  the  same  or 
any  part  thereof. 

VI.  The  said  company  may,  by  its  corporate  name,  be  plaintiff  or  de- 
fendant in  any  Court  of  Law  or  Equity  in  this  State,  and  may  have  and  use 
a  common  seal,  and  may  make  such  by-laws  and  regulations  for  their  govern- 
ment as  they  shall  see  fit,  with  full  power  to  enforce  the  due  observance 
thereof  upon  their  members  :  Provided,  Said  laws  are  not  inconsistent  with 
the  Constitution  and  laws  of  this  State  or  of  the  Confederate  States. 

VII.  No  part  of  the  capital  stock  shall  at  any  time  be  withdrawn  by  or 
divided  among  the  stockholders  until  all  the  debts  and  liabilities  of  the  gaid 
corporation  shall  have  been  fully  paid  off  and  discharged. 

In  the  Senate  House,  the  sixth  day  of  Fehruary,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  the  eighty-seventh 
year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4651.  AN  ACT  to  Incorporate  the  Importing  and  Exporting  Company 

of  South  Carolina. 


Corporators. 


Name. 
Powers, 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
William  C.  Bee,  J.  Clough  Parrar,  Benjamin  Mordecai,  E.  L.  Kerrison, 
Otis  Mills,  William  Ravenel,  D.  H.  Silcox,  and  their  associates  and  succes- 
sors, be,  and  they  are  hereby,  made  a  body  politic  and  corporate  in  law,  by 
the  name  of  "  The  Importing  and  Exporting  Company  of  South  Carolina;" 
and  the  said  company  shall  have  power  to  export  produce  from  this  State 
to  neutral  ports,  and  import  into  this  State  from  neutral  ports  arms,  muni- 


OF  SOUTH  CAROLINA.  163 

tions  or  war,  and  other  commodities,  and  also  to  bring  and  carry  mails  and     a.d.1862'3. 
passengers  in  their  vessels.  v*"~~y-~—'/ 

II.  The  capital  stock  of  the  said  company  shall  be  two  hundred  and  fifty  Capital, 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  one  million 
dollars  :  Provided,  Such  increase  shall  be  agreed  to  by  a  majority  in  number 

of  the  stockholders. 

III.  The  capital  stock  shall  be  raised  by  subscription  in  shares  of  one  when  to  com- 
thousand  dollars  each  :  but  the  company  shall  not  go  into  operation  until  tions. 

the  said  stock  to  the  amount  of  at  least  two  hundred  thousand  dollars  has 
been  paid  in  cash,  and  an  oath  or  affirmation  thereof  shall  have  been  made 
and  subscribed  by  the  President  of  the  company,  the  Treasurer,  and  a  ma- 
jority of  the  Board  of  Directors,  which  shall  be  lodged  and  recorded  in  the 
office  of  the  Secretary  of  State,  and  be  published  in  two  newspapers  of  the 
City  of  Charleston. 

IV.  The  affairs  of  the  company  shall  be  managed  by  a  Board,  consisting  Board  of  Di- 
of  a  President  and  four  Directors,  who  shall  be  elected  in  such  manner  and  rector! 

for  such  periods  as  the  stockholders  may  prescribe. 

V.  The  said  capital  stock  shall  be  deemed  personal  estate,  and  the  com-  Personal  prop- 
pany  may  hold  such  personal  property  as  may  be  necessary  for  the  purposes 

of  their  business,  and  may  from  time  to  time  sell  and  transfer  the  same,  or 
any  part  thereof. 

VI.  The  said  company  may,  by  its  corporate  name,  be  plaintiff  or  de-  .May Inake  by- 
fendant  in  any  Court  of  Law  or  Equity  in  this  State,  and  may  have  and  use 

a  common  seal,  and  make  such  by-laws  and  regulations  for  their  government 
as  they  shall  see  fit,  with  full  power  to  enforce  the  due  observance  thereof 
upon  their  members :  Provided,  Said  laws  are  not  inconsistent  with  the 
Constitution  and  laws  of  this  State  and  the  Confederate  States. 

VII.  No  part  of  the  capital  stock  shall  at  any  time  be  withdrawn  by  a  Debts  paid 
dividend  among  the  stockholders,  until  all  the  debts  and  liabilities  of  the  dends. 
corporation  shall  have  been  fully  paid  off  and  discharged. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lerd  one  thousand  eight  hundred  and  sixty-two,  and  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


4 


161 

A.  D.  1862  '3. 

No.  4652. 

Corporators. 


Towers. 


Capital. 


How  stock  to 
be  raised. 


Board  of  Direc- 
tors elected. 


Stock  personal 
property. 


May  make  by- 
laws, &c, 


STATUTES  AT  LARGE 

AN  ACT  to  Charter  the  Atlantic   Steam  Packet  Company  of 
the  Confederate  States. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
William  H.  Gilliland,  Hugh  R.  Banks,  James  Hope,  Daniel  F.  Fleming, 
and  their  associates  and  successors,  be,  and  the  same  are  hereby,  made  a 
body  corporate  and  politic  in  law,  by  tbe  name  of  the  Atlantic  Steam 
Packet  Company  of  the  Confederate  States ;  and  the  said  company  shall 
have  power  to  import  into  this  State,  or  any  other  of  the  Confederate 
States,  arms,  munitions  of  war,  and  other  commodities,  and  also  to  export 
produce  and  other  commodities  from  this  State,  or  from  any  other  of  the 
Confederate  States,  and  also  to  bring  and  carry  mails  and  passengers  in 
their  vessels,  and  to  do  such  acts  or  things  as  are  necessary  fully  to  carry 
out  these  objects. 

II.  The  capital  stock  of  said  company  shall  be  five  hundred  thousand 
dollars,  with  the  privilege  of  increasing  it  to  any  amount  not  exceeding 
two  million  dollars,  provided  such  iucrease  shall  be  agreed  to  by  a  majority 
of  the  stockholders. 

III.  The  capital  stock  shall  be  raised  by  subscription,  in  shares  of  one 
thousand  dollars  each,  but  the  said  company  shall  not  go  into  operation 
until  the  said  stock  to  the  amount  of  at  least  five  hundred  thousand  dol- 
lars has  been  paid  in  cash,  and  an  oath  or  affirmation  thereof  shall  have 
been  made  and  subscribed  by  the  President  of  the  company,  the  Treasurer, 
and  majority  of  the  Board  of  Directors,  which  shall  be  lodged  and  recorded 
in  the  office  of  the  Secretary  of  State,  and  be  published  in  two  newspapers 
of  the  city  of  Charleston,  South  Carolina. 

IV.  The  affairs  of  the  company  shall  be  managed  by  a  Board,  consisting 
of  a  President  and  six  Directors,  who  shall  be  elected  in  such  manner,  and 
for  such  periods,  as  the  stockholders  may  prescribe ;  and  the  said  President 
and  Directors  shall  adopt  such  rules  and  regulations  as  they  may  deem  ex- 
pedient, not  inconsistent  with  the  laws  of  this  State  or  of  the  Confederate 
States. 

V.  The  said  stock  shall  be  deemed  personal  estate,  and  the  company 
may  hold  such  personal  property  as  may  be  necessary  for  the  purposes  of 
their  business,  and  may,  from  time  to  time,  sell  and  transfer  the  same,  or 
any  part  thereof. 

VI.  The  company  may,  by  its  corporate  name,  be  plaintiff  or  defendant 
in  any  Court  of  Law  or  Equity  in  this  State,  and  may  have  and  use  a  com- 
mon seal,  and  may  make  such  by-laws  and  regulations  for  their  government 
as  they  shall  see  fit,  with  full  power  to  enforce  their  due  observance  upon 
their  members :  Provided,  Said,  laws  are  not  inconsistent  with  the  Constitu- 
tion and  laws  of  this  State  or  of  the  Confederate  States. 


OF  SOUTH  CAROLINA.  165 

VII.  No  part  of  the  capital  stock  shall  at  any  time  be  withdrawn  by  or    A.  D.  1862 '3. 

divided  among  the  stockholders  until  all  the  debts  and   liabilities  of  the     ^"~v"~""/ 

said  corporation  shall  have  been  fully  paid  off  and  discharged.  fore  dividend, 

VIII    That  the  corporators  named  in  this  Act  be  authorized  to  call  the  WhenCom- 

.  „  pauy  to  organ- 

subscribers  together   at  such  time,  after  the  passage   thereof,  as  may  be  ize. 

most  convenient,  by  public  advertisement  in  Charleston,  Augusta,  and 
Columbia,  for  the  purpose  of  organizing  the  said  company  hereby  incor- 
porated, and  electing  the  President  and  Directors  herein  provided  for. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AN   ACT   TO    AUTHORIZE    THE    ISSUE   OP   STOCK    FOR   THE   PURPOSE    OP     No.  4653. 
CONTINUING    THE    CONSTRUCTION    OF   THE   NEW    STATE    HOUSE. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
his  Excellency  the  Governor  be,  and  he  is  hereby,  authorized  and  required 
to  issue,  in  the  name  of  the  State,  stock,  to  be  countersigned  by  the  Comp- 


troller General,  for  the  amount  of  twenty-five  thousand  dollars,  bearing 
interest  at  the  rate  of  six  per  cent,  per  annum,  payable  semi-annually,  at 
the  Treasury  of  the  State,  and  redeemable  thereat  on  the  first  day  of  July 
which  will  be  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
ninety. 

II.  That  the  faith  of  the  State  is  hereby  pledged  for  the  punctual  pay-  Faith  of  state 
ment  of  the  interest  on  said  stock,  and  for  the  redemption  of  the  principal  p  e  ge 

of  the  same  when  it  shall  become  due. 

III.  That  the  said  stock,  when  issued,  shall  be  placed  in  the  Treasury,  stock,  how  dis- 
to  the  credit  of  the  fund  for  erecting  the  New  State  House,  subject  to  the  pos 

order  of  the  acting  Commissioner,  Superintendent  and  Architect,  John  R. 
Niernsee,  to  be  used  by  him  in  continuing  the  construction  of  the  New 
State  House. 

IV.  That  it  shall  be  the  duty  of  the  Agent  of  the  State  to  deposit  in  the  Former  appro- 

m  i  i-       t>     i       n       -i   n  -ixto  tt  -i      priation  at  dis- 

Treasury,  to  the  credit  ot  the  fund  tor  erecting  the  New  otate  House,  the  posai  of  com- 
missioner. 


»** 


166  STATUTES  AT  LARGE 

A. D.  1862 '3.     unexpended   balance  of  the  stock  heretofore   appropriated,  amounting  to 
^■~V"""/     one   hundred   and   one  thousand  and  eighty-eight  dollars  and  thirty-eight 
cents,  subject  to  the  order  of  John  R.  Niernsec,  acting  Commissioner,  Su- 
perintendent and  Architect,  to  be  drawn  and  applied  by  him  to  the  con- 
struction of  the  New  State  House. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,   Speaker  House  of  Representatives. 


No.  4654.    AN  ACT  to  increase  the  pees  op  Sheriffs  for  dieting  tersons 

CONFINED  IN  JAIL. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

charges  in-        and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

the  Sheriffs  shall  hereafter  be  entitled  to  charge  and  receive,  for  dieting 

white  persons  confined  in  jail,  sixty  cents  per  day  each,  and  for  dieting 

slaves  or  free  persons  of  color,  forty  cents  per  day  each. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4655.    AN  ACT  to  confer  the  rights  of  Legitimacy  on  Mary  E.  Daniel. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 

Rights  of  legit-  and  sitting  in  General  Assembly,  and  by  authority  of  the  same,  That  Mary 

E.  Daniel,  daughter  of  William  B.  Daniel,  of  York  District,  begotten  upon 


OF  SOUTH  CAROLINA.  167 

the  body  of  Elizabeth  White,  -which  said  William  B.  Daniel  and  Elizabeth     A.D.iS62'3. 

White  have  since  intermarried,  be,  and  is  hereby,  invested  with  all  the 

rights  and  privileges  of  a  legitimate  child,  and  authorized   and   entitled  to 

take  and  hold  real  and  personal  estate,  under  the  statutes  for  distribution 

of  intestates'  estates,  or  as  legatee  aud  devisee  of  her  said  parents,  in  the 

same  manner  and  to  the  same  extent  as  if  she  had  been  born  in  lawful 

wedlock. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.   PORTER,    /Wsident  of  the  Senate. 

A.  P.  ALDRICII,   Speaker  House  of  Representatives. 


AN    ACT    TO    AMEND  AN   ACT    ENTITLED  "An  ACT    TO   AUTHORIZE    THE     No.  465G. 

City  Council  of  Charleston  to  Issue  and  put  in  Circulation 
Notes  receivable  in  Taxes  or  Dues  to  the  City,"  ratified  the 
twenty-first  day  of  december,  in  the  year  of  our  lord  one 
thousand  eight  hundred  and  sixty-one. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
aud  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Actofisci  re- 
the  first  section  of  an  Act  entitled  "  An  Act  to  authorize  the  City  Council 
of  Charleston  to  issue  and  put  in  circulation  notes  receivable  in  taxes  or 
dues  to  the  City,"  ratified  the  twenty-first  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  sixty-one,  be,  and  the  same  is 
hereby,  altered  and  amended,  so  as  to  authorize  the  redemption  of  the  said 
notes  by  the  Mayor  of  the  City,  in  the  treasury  notes  of  the  Confederate 
States,  as  well  as  in  the  notes  of  the  several  banks  of  this  State. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


168 


STATUTES  AT  LARGE 


A.D.1862'3.      AN    ACT    TO    EXTEND    SOME    Or    THE    PROVISIONS    OP   AN   A  CT   ENTITLED 

V- — v— J        "An  Act  in  reference  to  the  suspension  of  Specie  Payments  by 
No.  4657.       THE  Banks  or  this  State,  and  for  other  purposes,"  to  the  first 

day  of  January,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  sixty-four. 


Part  of  Act  of 
1SC1  extended. 


Part  of  Act  of 
1861  limited. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assernby,  and  by  the  authority  of  the  same,  That 
the  provisions  of  the  three  first  sections  of  an  Act  entitled  "An  Act  in 
reference  to  the  suspension  of  specie  payments  by  the  banks  of  this  State, 
and  for  other  purposes/'  passed  on  the  twenty-first  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-one,  and  which  by 
said  Act  are  operative  until  the  first  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  be,  and  the  same  are 
hereby,  extended  to  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-four;  and  that  the  provisions  of  the 
three  last  sections  of  the  said  Act,  which  by  the  said  Act  are  not  limited 
in  their  operation,  be,  and  the  same  are  hereby,  in  like  manner  limited  in 
their  operation  to  the  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-four. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4658.    AN  ACT  to  vest  the  title  of  the  State  in  certain  Escheated 

Property  in  Rose  Ann  Carnighan. 


Title  vested  in 
Rose  Ann  Car- 
nighan. 


I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
all  the  right,  title  and  interest  of  the  State  in  that  portion  of  the  real  estate 
of  Richard  McElleran,  deceased,  containing  one  acre,  more  or  less,  in  the 
city  of  Columbia,  butting  and  bounding  east  on  Richardson  street,  west  and 
south  on  land  now  or  late  of  Maria  P.  Cross,  and  north  on  Devine  street, 
being  one-fourth  of  a  square  of  land,  purchased  by  William  T.  Cross,  de- 


OF  SOUTH  CAROLINA.  169 

ceased,  from  the  Commissioner  of  the  State  of  South  Carolina  for  the  sale  A.D.1SG2T.. 
of  public  lots  in  the  City  of  Columbia,  be,  and  the  same  is  hereby,  vested  v~-~">^— ^ 
in  Rose  Ann  Carnighan,  her  beirs  and  assigns  forever. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
S;uth  Carolina. 

W.  L>.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRIGH,  Speaker  House  tif  Representatives. 


AN   ACT  TO  AUTHORIZE  THE  BANKS  OF  THIS    STATE  TO  PURCHASE  CON-    No.    46f>9. 
FEDERATE  ANI>    STATE    SECURITIES. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  May  purchase 
from  and  after  the  passing  of  this  Act,  it  shall  and  may  be  lawful  for  the  States  stock, 
banks  of  this  State  to  purchase  the  bonds  and  stock  issued  -by  the  Con- 
federate Government,  or  by  any  of  the  States  of  the  Confederate  States  of 
America,  and  that  all  such  purchases  as  may  have  already  been  made  by 
any  of  the  said  banks  are  hereby  sanctioned  and  allowed. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.   P.   ALDR1CU,    Speaker  House  •/  Representatires. 


AN    ACT   TO    ENABLE    THE  CHARLESTON    SAVINGS'  INSTITUTION  TO  PUR-     No.  4660. 
CHASE  AND  HOLD  REAL    PROPERTY. 

I.  Be  it  enacted  by  the   Senate  and   House  of  Representatives,  now  met 
and  Bitting  in  General  Assembly,  and  by  the   authority  of  the  same,  That 


170  STATUTES  AT  LARGE 

A. D.  1S62'3.     the  Charleston   Savings'  Institution  shall  be,  and  the   said  corporation  is 

v— — \^— -^    hereby,  authorized  to  purchase  and  hold  real  estate  within  the  Parishes  of 

property.  St.  Philip's  and  St.  Michael's  to  an  amount  not  exceeding  sixty  thousand 

dollars;  and  the  same   to   alien,  from   time  to   time,  as  shall  be   deemed 

expedient. 

In  the  Senate  House,  the  eighteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.   PORTER,   President  of  the   Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4001.    AN  ACT  to   continue   of   force  an  Act   entitled  "An  Act   to 

AUTHORIZE    CERTAIN   BUILDING  AND    LOAN  ASSOCIATIONS  TO  SUSPEND 
THE  CALL  FOR  MONTHLY  INSTALMENTS." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
Act  of  1861  ex-    and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

tended.  ,  , 

an  Act  entitled  "  An  Act  to  authorize  certain  Building  and  Loan  Associa- 
tions to  suspend  the  call  for  monthly  instalments/'  ratified  the  twenty-first 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  be,  and  the  same  is  hereby,  continued  of  force  until  the  first  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-four. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the   Senate. 

A.   P.  ALDRICH,   Speaker  House  of  Representatives. 


OF  SOUTH  CAROLINA.  171 

AN    ACT    TO    AMEND    THE    CHARTER   OF    THE    BANK    OF    CHARLESTON,      A. D.  1862 '8. 

South  Carolina.  * v ' 

No.  4662. 
I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That  Bank  may  pur. 
from  and  after  the  passing  of  this  Act  it  shall  and  may  be  lawful  for  the  and  stocks. 
Bank  of  Charleston,  South  Carolina,  to   purchase   the   bonds  and  stocks 
issued  by  the  Confederate  Government,  or  by  any  of  the   States  of  the 
Confederate  States  of  America. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

\V.   I>.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRlCri,  Speaker  House  of  Representatives. 


INDEX  TO  THE  ACTS  OF  1862-'63. 


A. 

APPROPRIATIONS. 


Tage 

An  Act  to  make,  for  the  year  commencing  in  October,  1862 92 

For  Executive  Department 92 

Legislative  Department O'J 

Judiciary  Department 94 

Treasury  Department 95 

South  Carolina  College 95 

Ordinary  civil  expenses 05 

Military  expenditures 96 

Ordinary  local  expenditures 97 

Extraordinary  expenditures 9*3 

Destitute  soldiers 00 

Assumed  authority,  an  Act  to  punish  purchasing  under 146 

Penalty  for  assumption 1  46 

Onus  on  defendant 116 

Atlantic    Steam    Packet  Company — (Sec  Exporting   and   Importing 
Companies.) 

B. 

Bank  of  Charleston,  South  Carolina,  Act  to  amend  charter  of. 171 

Bank  of  the  State,  Act  to  authorize  increased  issue  of  small  bills  by...  150 

Limitation  of  Act 150 

Banks  of  this  State,  authorized  to  purchase  Confederate  and  State 

securities 169 

Boards  of  Relief — (See  Soldiers.) 

BONDS  OF  CONFEDERATE  STATES. 

An  Act  to  provide  for  a  guaranty  by  the  State  of  the Ill 

State  guarantee  to  be  endorsed  by  Governor 141 

Citizens  of  this  State  to  have  preference  in  purchase 141 


ii  INDEX  TO  THE  ACTS. 

V\nz 

An  Act  to  provide  for  a  guaranty  by  the  State  of  the  Bonds  of  the 

Confederate  States 142 

Governor  to  endorse,  on  application 142 

Amount  to  be  guaranteed 142 

Act  of  December,  1862,  repealed 142 

Building  and  Loan  Associations,  Act  to  continue  Act  to  authorize  cer- 
tain, to  suspend  call  for  monthly  instalments 170 

c. 

CANAL  COMPANIES. 

An  Act  to  incorporate  the  Edisto  and  Ashley 133 

Corporate  Company  authorized loo 

Looks  of  subscription,  by  whom  opened loo 

Vacancy  in  Board  of  Commissioners,  how  filled loo 

Subscriptions  received 133 

Money  to  be  deposited  in  Bank  of  the  State IBS 

Commissioners  to  make  list  of  subscribers 184 

Company,  when  to  organize 134 

President  and  Directors,  ballot  for 184 

Schedule  of  votes 184 

Elections,  annual 135 

Company,  style  and  title  of. 135 

Privileges  of  company 135 

Kates  of  toll 135 

Water  not  to  be  taken  for  irrigation 135 

Lock  and  gates  to  be  kept 135 

Company  may  purchase  land 136 

Stock  personal  estate ■ 136 

Penalty  for  injuring  or  obstructing  canal 186 

Limitation  of  Act 137 

An  Act  to  incorporate  the  Wando,  Wambaw  and  Winyah 159 

Name  and  style 159 

llules  and  regulations 159 

Canal,  company  may  make 159 

Rates  of  toll 159 

Lands,  company  may  purchase 160 

Appeals  in  cases  of  disagreement 160 

Stock  exempt  from  taxation , 160 

Damage  to  canal,  penalty  for.... 160 

Offenders  liable  in  civil  action 160 


INDEX  TO  THE  ACTS.  iii 

Materials,  company  may  take .160 

Commissioners  appointed 160 

Organization,  when  completed 161 

Public  Act 101 

Carnighan,  Rose  Ann,  title  to  escheated  property  vested  in 168 

Carolina  Cotton  and  WooLn  Factory — (See  Factory.) 

Charleston,  an  Act  to  amend   an  Act  to  authorize  City  Council  of  to 
issue  and  put  in  circulation  notes  receivable  in  taxes  or  dues  to 

the  city 167 

Act  of  1861  repealed 167 

Charleston  Savings'  Institution,  Act  to  enable  to  hold  real  property....   169 

COLUMBIA    CANAL. 

An  Act  to  vest  a  part  of,  in  Confederate  Government  for  the  term  of 

twelve  years 1  •  >2 

When  Government  may  take  possession 152 

Government  to  keep  canal  in  boating  order 153 

When  State  may  resume  control 153 

COTTON. 

An  Act  to  prevent   and   punish  the   planting  and   cultivating,  in   this 

State,  over  a  certain  quantity  of  cotton  during  the  present  year,  111 

Area  to  be  planted  in  cotton Ill 

Penalty  for  violation 115 

Kule  of  survey  to  be  issued 115 

Planters  to  return  number  of  hands  to  tax  collectors 115 

Judges  to  charge  grand  juries 115 

An  Act   to   amend   an  Act  to  punish   the   planting   and  cultivating 

cotton ,  iv.  c '. 115 

Area  limited  to  one  acre  per  hand 115 

What  hands  to  be  counted 116 

Penalty  fur  violatiou 116 

Duties  of  public  officers 116 

Land  to  be  measured 116 

Oath  of  planters 117 

(Irand  Juries  to  be  charged 117 

Council,  Executive,  Act  to  abolish 147 

Act  to  declare  law  in  relation  to  proceedings  of....  147 


iv  INDEX  TO  THE  ACTS. 

D. 

Pace 

Daniel,  Mary  E.,  an  Act  to  confer  the  rights  of  legitimacy  on 166 

DEBTORS. 

An  Act  to  continue  in  force  Act  to  extend  relief  to 148 

Act  of  1861  continued 148 

Fines  of  Courts  excepted 148 

Common  carriers 148 

Gaming,  money  lost  by,  may  be  recovered 148 

Public  officers  not  protected 149 

Courts  martial,  lines  imposed  by,  not  included 149 

E. 

Escheated  property — (See  Carnighan.) 
Executive  Council — (See  Council.) 

EXPORTING  AND  IMPORTING    COMPANIES. 

An  Act  to  charter  the  Palmetto 161 

Corporators,  powers  and  privileges 161 

Capital  stock 161 

How  capital  to  be  raised 161 

President  and  Directors,  elected 162 

Stock  personal  estate  162 

By-laws,  &c,  company  may  make 162 

Dividends,  when  to  be  declared 162 

An   Act  to  incorporate  the    Importing   and   Exporting   Company  of 

South  Carolina 162 

Corporators,  name,  powers,  &c 162 

Capital  stock,  amount  of 163 

Company,  when  to  commence  operations 163 

Board  of  Directors,  how  elected 163 

Stock  personal  estate 163 

By-laws,  company  may  make 163 

Dividends,  when  to  be  declared 163 

An  Act  to  charter  the  Atlantic  Steam   Packet  Company  of  the  Con- 
federate States ]  64 

Corporators,  powers,  &c 164 

Capital  stock  of  company 164 

How  stock  to  be  raised 164 


INDEX  TO  THE  ACTS.  v 

V\<IT. 

President  and  Directors,  election  of. D'4 

Stock  personal  estate 164 

By-laws,  company  may  make 164 

Dividends,  when  company  may  declare lti"> 

Organization,  when  completed  165 

EXTORTION. 

An  Act  to  prohibit,  and  punish  extortioners 143 

What  articles  included  in  list 143 

Penalty  for  extortion 14o 

Exemptions 143 

Juries  to  decide  what  is  extortion 143 

Proceedings  on  trial - 143 

False  information,  penalty  for  giving 144 

Corporations  liable 1-14 

F. 

FACTORY. 

An  Act  to  incorporate  the  Carolina  Cotton  and  Woolen 153 

Corporators 1 53 

Name  and  purposes , 153 

( Capital  of  company 154 

Real  estate,  company  may  hold 151 

By-laws,  not  to  be  inconsistent  with  State  or  Confederate  laws 154 

When  to  go  into  operation 154 

Members  severally  liable  for  debts 154 

Stock  personal  property 154 

Arotes,  how  apportioned 154 

Penalty  for  neglect  to  pay  instalments 155 

Books,  where  and  by  whom  to  be  opened 155 

President  and  Directors,  election  of. 155 

Annual  statement 155 

Service  of  process  of  courts 155 

Limitation  of  Act 155 

Banking  prohibited 1  .">"> 

Debts,  limitation  of. 155 

h 


vi  INDEX  TO  THE  ACTS. 

FIELD  OFFICERS. 

Page 

An  Act  to   authorize  and   empower   certain   regiments  to  elect  their 

field  officers 128 

Election  ordered 128 

What  officers  to  conduct  election 128 

Failure  to  elect,  new  election  ordered 128 

Existing  commissions  vacated 128 

Resolution  of  Executive  Council  repealed 129 

Term  of  service  of  first  corps  of  reserves  limited 129 

I. 

Importing  and  Exporting  Company — (See  Exporting  and  Importing 
Companies.) 

IRON  MANUFACTURING  COMPANY. 

An  Act  to  renew  and  amend   charter   of  Swedish,  of  South  Carolina, 

and  to  change  the  name  thereof. 151 

Charter  extended 151 

Name  changed  152 

Privileges  and  obligations  under  new  name , 152 

Capital,  company  may  increase 152 

M. 

MILITIA. 

An  Act  for  the  better  organization  of  the  Militia,  and  for  other  pur- 
poses    100 

Ordinances  of  Convention  repealed 100 

Act  of  1841  in  force 100 

Part  of  Act  of  1861  repealed 100 

Assistant  Adjutant  General,  rank  and  pay  of 100 

Persons  liable  to  military  service 100 

Exemptions  from  ordinary  military  duty 100 

Duties  of  commanders  of  beat  companies 101 

Penalty  for  not  making  returns 101 

First  Corps  of  Reserves  to  be  enrolled 102 

Militia  may  be  called  out  by  Governor 102 

Militia  to  elect  officers 102 

Term  of  service  of  Militia  limited 102 

Penalty  for  non-performance  of  duty 102 


INDEX  TO  THE  ACTS.  vii 

Pact 

Militia  on  duty  subject  to  Army  Regulations  103 

Overseers  exempted 103 

Governor  may  detail  soldiers 103 

Pay  of  officers  and  privates 104 

Deserters  to  be  arrested 104 

Commissions  vacated 104 

Eligibility  for  office 104 

Governor  to  distribute  arms 104 

Fees  of  Sheriffs  for  aiding  officers 104 

Limitation  of  Act 104 

N. 

NEGRO  LABOR. 

An  Act  to  organize  and  supply  negro  labor  for  coast  defence 105 

State  to  be  divided  into  territorial  divisions 105 

Order  in  which  labor  shall  lie  called  for 105 

When  labor  to  be  called  for 105 

What  slaves  to  be  taken 106 

Commissioners  of  Roads  to  summon  owners 106 

Limitation  of  service 106 

Notice  to  be  given  by  Confederate  Government 106 

Transportation  furnished 106 

Rations  supplied 106 

Compensation 106 

Liability  of  Confederate  Government 1(|6 

State  Agent  to  be  appointed 107 

Duties  of  Agent 107 

Agent  to  receipt  for  slaves  taken 107 

to  certify  pay-bills 107 

Slaves  to  be  removed  from  danger 107 

to  be  assessed  107 

Commissioners  of  Roads  to  verify  quota 108 

Penalty  for  failure  to  send  slaves 108 

Commutation 108 

Labor  previously  furnished  to  be  credited 108 

An  Act  to  amend  an  Act  to  organize  and  supply  negro  labor,  &c 109 

Assistant  Agents  allowed 109 

Fine  for  default  increased >  109 

Governor  to  furnish  netrro  labor 109 


viii  INDEX  TO  THE  ACTS. 

Page 

An  Act  to  amend  an  Act  entitled  "  An  Act  to  organize  and  supply 

negro  labor,"  <kc , 110 

Twelfth  section  of  Act  of  December,  1862,  repealed 110 

Commissioners  to  return  defaulters  on  oath 110 

City  authorities,  &c,  to  return  defaulters 110 

Owner  of  only  oue  slave  exempted 110 

Commissioners  of  Roads  may  fill  vacancies 110 

Commissioners  to  collect  tines  for  default 110 

State  Agent  to  hire  labor Ill 

Penalty  for  failure  to  comply  with  Act Ill 

NEW  STATE  HOUSE. 

An  Act  to  authorize  the  issue  of  Stock,  to  continue  the  construction  of..  165 

Governor  to  issue  stock —   165 

Faith  of  State  pledged  for  redemption  of 165 

How  stock  to  be  disposed  of. 165 

Former  appropriation,  disposition  of. 165 

P. 

Poor,  Commissioners  of,  for  Lancaster  District,  Act  for  appointment  of..  148 
Act  to  provide  for  appointment  of  Commissioners  of,  for  Darling- 
ton and  Chesterfield  Districts 149 

For  Darlington 149 

Chesterfield 149 

PROTESTANT  EPISCOPAL  CONGREGATIONS. 

An  Act  to  incorporate,  with  uniform  rights,  powers,  and  privileges,  in 

South  Carolina 150 

Twelve  church  members  may  become  body  politic 150 

Powers  and  privileges 151 

May  hold  property 151 

Existing  churches  may  become  bodies  politic 151 

Charters  perpetual 151 

PROVISIONS. 

An  Act  to  enforce  any  proclamation  of  Governor  prohibiting  exporta- 
tion of 144 

Penalty  for  violation  of  proclamation 144 

Duties  of  Magistrates 144 

Articles  to  be  seized 145 


INDEX  TO  THE  ACTS.  ix 

Pass 

Fines  paid  over  to  Soldiers'  Boards  of  Relief. 145 

Perishable  articles  to  be  sold 145 

Acquittal,  recovery  in  case  of 145 

Conviction,  proceedings  on 1-15 

Governor  may  appoiut  agents  to  prosecute 145 

R. 

RAILROAD  COMPANIES. 

An  Act  to  grant  the  aid  of  the  State  to  the  Cheraw  and  Coal  Fields....  156 

Terms  of  grant 156 

Stock,  how  paid,  conditions,  &c 156 

State  not  liable  for  debts  or  contracts  of  company 157 

An  Act  to  charter  the  Shelby  aud  Broad  River 157 

Preamble 157 

Company  incorporated 157 

Capital  stock 157 

Organization,  Comptroller  General  to  call  meeting  for., 158 

Privileges  aud  liabilities 158 

Railroad,  company  to  construct 158 

Limitation  of  Act 159 

RELIGIOUS  AND  CHARITABLE  SOCIETIES. 

An  Act  to  incorporate  certain,  and  to  renew  and  amcud  the  charters 

of  others 119 

Chesnut  Ridge  Baptist  Church  — 119 

Orangeburg  Baptist  Church 119 

Little  Cenerostee  Presbyterian  Church 120 

Moriah  Baptist  Church 120 

Erskine  Theological  Seminary 120 

Associate  Reformed  Church,  Yorkville 120 

Rosemonte  Cemetery  Association 121 

Powers  of  Board  of  Directors 121 

No  streets  to  be  opened  through  lands 121 

Penalty  for  mutilation  or  destruction  of  tombs,  <Y.e 121 

Members  individually  liable  lor  debts 122 

Exemption  from  taxation ,..  122 

R.  W.  Southern  Grand  Lodge,  I.  0.  O.  F 122 


x  INDEX  TO  THE  ACTS. 

ROADS,  BRIDGES,  AND  FERRIES. 

Page 

An  Act  to  establish  certain,  and  for  other  purposes 131 

New  road  laid  out  in  Pickens 131 

Nelson  ferry  re  established 131 

Cox's  ferry  re-chartered 131 

Rates  of  toll 131 

Part  of  Act  of  1861  repealed 132 

Buckhcad  Causey 132 

New  road  in  "dark  corner"  of  Greenville 132 

Road  discontinued  in  Greenville 132 

s. 

SALT. 

An  Act  to  pi*ovide  against  dearths  of. 117 

Governor  empowered  to  contract  for  purchase  of 117 

Delivery  of,  when  to  be  suspended 117 

Magazines  to  be  provided 118 

Commissioners,  their  duties 118 

to  sell  salt 118 

Limitation  of  price 118 

When  to  commence : 119 

Sheriffs,  an  Act  to  increase  fees  of,  for  dieting  persons  confined  in  jail..  166 

SOLDIERS. 

An  Act  to  make  appropriation  in  aid  of  the  families  of,  &c 137 

Appropriation 137 

Division  of  appropriation 137 

Boards  of  Relief  to  be  appointed 137 

Boards  to  appoint  Secretary  and  Treasurer 138 

Distribution  of  funds 138 

Boards  to  make  returns 138 

Comptroller  General  and  Treasurers,  duties  of 138 

Act  of  1861  repealed 139 

Appropriation,  how  paid  out 139 

An  Act  to  amend  an  Act  to  make  appropriation  in  aid  of  the  families 

of  soldiers,  &c 139 

Act  of  December,  1862,  amended 139 

An  Act  to  refund  to  the  Soldiers'  Boards  of  Relief  for  Barnwell  and 
Laurens  Districts,  and  for  St.  Matthew's  and  Christ  Church 
Parishes,  certain  moneys 140 


INDEX  TO  THE  ACTS.  xi 

Page 

Barnwell,  Board  to  make  assessment 140 

St.  Matthew's,  Board  to  make  assessment 140 

Laurens,  extraordinary  assessment  for 141 

Christ  Church,  tax  to  be  levied 141 

Specie  payments,  an  Act  to  extend  Act  in  relation  to  suspension  of,  &c.  108 

Part  of  Act  of  1861  extended 108 

Part  of  Act  of  1801  limited 108 

SPIRITUOUS  LIQUORS. 

An  Act  to  suppress  the  undue  distillation  of, Ill 

Penally  for  unlawful  distilling Ill 

Existing  contracts  to  be  executed Ill 

Governor  may  contract  with  agents 112 

Agents  to  give  bond 112 

Magistrates  to  see  Act  enforced 112 

Captains  of  patrol  to  report  violations 112 

Limitation 112 

An  Act  to  suppress  the  distillation  of  spirituous  liquors  in  this  State..  113 

Distillation  prohibited 113 

Peualty  for  distilling,  or  exporting  for  distillation 113 

Governor  may  appoint  Agents  to  distil 113 

Regulations  as  to  apothecaries,  &o 113 

Penalty  for  violation 113 

Governor  to  appoint  agents  to  enforce  Act 114 

Former  licenses  revoked 114 

Compensation  allowed  where  licenses  revoked 114 

SUFFRAGE. 

An  Act  to  enable  citizens  of  the  State  who  are  engaged  in  military 

service  to  exercise  the  rights  of. 129 

Persons  engaged  in  military  service  to  vote 129 

Who  may  open  polls 129 

Oaths  administered 129 

Schedule  furnished 129 

Certificate  of  Managers 130 

Managers  to  forward  certificate 130 

Managers  of  Election  District  to  aggregate  returns 130 

Executive  to  furnish  blanks 130 

Limitation  of  Act 130 

Substitute  for  Act  and  Ordinance , 130 


xii  INDEX  TO  THE  ACTS. 

SUPPLIES. 

Page 

An  Act  to  raise,  for  the  year  commencing  in  October,  1S02 89 

Tax  on  lands 89 

On  slaves 89 

Exemption 89 

On  free  negroes 89 

On  real  estate 89 

Exception  in  Charleston 89 

Exemption  where  property  in  hands  of  enemy 80 

Factorage,  employments,  <fcc 89 

On  Commissions 89 

Bank  stock , 90 

Gras-light  and  insurance  companies 90 

Goods,  wares,  and  merchandise 90 

Transient  merchandise 90 

Exhibitions 90 

Moneys  invested ,  90 

Commercial  agencies 90 

Cards  an  d  billiard  tables 90 

Salaries 91 

Taxes,  to  whom  payable 91 

Commissions  of  collectors 91 

Police  taxes,  return  of. 91 

Returns  of  free  negroes 91 

Sullivan's  Island,  exemption  on 91 

Time  of  collection  extended 91 

Disposition  of  appropriation  by  Congress 92 

w. 

WAR  TAX. 

An  Act  to  provide  for  the  payment,  by  the  State,  of  such  as  may  be 
imposed  by  the  Congress  of  the  Confederate  States,  and  for  the 

collection  of  the  same  from  the  tax-payers  in  this  State 122 

President  of  Bank  and  Treasurer  of  Lower  Division  to  pay  tax 122 

To  borrow  money 123 

To  procure  and  deliver  tax  books 123 

Tax  collectors  to  give  bond 123 

On  failure  to  give  bond.  Governor  may  appoint 123 

When  books  to  be  opened 123 


INDEX  TO  THE  ACTS.  xiii 

Deduction  allowed 123 

When  books  to  be  re-opened 124 

Tax  collected  to  be  in  lieu  of  Confederate  tax 124 

Proviso,  if  in  form  of  quota 124 

Duties  of  Tax  Collectors  under  proclamation  of  Governor 124 

Compensation  of  Tax  Collectors 125 

Returns  of  Tax  Collectors 125 

How  moneys  received  to  be  appropriated 125 

Penalties  and  forfeitures 125 

An  Act  to  amend  an  Act  to  provide  by  State  for  payment  of  War 

Tax,  &c 126 

Part  of  Act  of  1861  amended 126 

Certain  Parishes  exempt  from  taxation 126 

Governor  to  appoint  Commissioners 126 

Taxes  to  be  refunded  in  certain  cases 126 

Amounts  refunded  to  be  deducted 127 

Persons  not  reported  to  pay  tax 127 

An  Act  to  repeal  Act  to  provide  for  payment  of  War  Tax,  &c 127 

Act  to  provide  for  payment  by  State  repealed 127 


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